restitution

Prosecutors Garnish Retirement Funds For No Restitution Payment

In the March 2021 decision of United States v. O’Brien, the Second Circuit Court of Appeals ruled that Manhattan prosecutors could garnish the wages of a former partner at Sullivan & Cromwell who made no restitution payment after a 2011 convict… Read More
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Lorenzo v. SEC

Lorenzo v. SEC: Rule 10(b)(5) of the Securities Exchange Act

In March of 2019, the U.S. Supreme Court decided Lorenzo v. SEC, deciding that someone who is not a “maker” of a false statement can nonetheless be held liable under Rule 10(b) of the Exchange Act for knowingly disseminating a misstatement made b… Read More
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Inspector - Grand Jury Investigation Concept

What to Do If You Are the Subject or Target of a Federal Grand Jury Investigation

A federal grand jury has enormous power. Composed of 23 people, a federal grand jury usually sits for a term of 18 months and meets regularly to review evidence presented by a federal prosecutor. Ultimately, a grand jury will determine whether there… Read More
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business handshake at basketball court - recruiting fraud concept

Second Circuit Upholds Convictions in Recruiting Fraud Case

In the January 2021 decision of United States v. Gatto, the Second Circuit Court of Appeals upheld the convictions of three men who were found guilty of fraud for funneling secret payments from Adidas to the families of top college basketball recruit… Read More
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Entrepreneurs are receiving money that is a bribe of their partners with both of whom are corrupt in the company room.

Second Circuit Upholds RICO and Truth in Lending Act Conviction

The Second Circuit Court of Appeals upheld the conviction of Defendant Richard Moseley, Sr., who faced criminal charges in the Southern District of New York for an illegal payday lending scheme. In 2018, a New York jury found that Moseley violated th… Read More
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Paycheck protection program application for small business payroll support from federal government stimulus bill during Covid-19 coronavirus pandemic

Criminal Charges Allege Fraudulent Claims Under CARES Act

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 29, 2020, and has provided more than $2 trillion in economic relief to help Americans cope with the COVID-19 pandemic. The Act originally authorized up to $34… Read More
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FBI and CSI agents - Federal Crimes Investigation concept

What to Expect in a Federal Criminal Case

Facing criminal charges in federal court is intimidating and scary. Any criminal case, and a federal criminal case, in particular, is complicated. It can be helpful and reassuring to understand how a criminal case works, and what to expect. If you be… Read More
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Insider Trading Concept - Businessmen shaking hands

Second Circuit Update on Insider Trading Cases

On January 11, 2021, the U.S. Supreme Court vacated a Second Circuit decision that had affirmed four convictions for insider trading. The Supreme Court recommended that the lower court reconsider its finding that confidential government information c… Read More
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Gavel, scales of justice and law books - federal sentencing concept

US vs. Razzouk: Second Circuit Addresses the Mandatory Victims Restitution Act

In 2011, Sassine Razzouk pled guilty and was convicted of accepting bribes in violation of 18 U.S.C. §666(a)(1)(B) and three counts of tax evasion in violation of 26 U.S.C. §7201. Razzouk was accused of manipulating contractor bidding systems while… Read More
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AML anti money laundering sign

BitMex: Inadequate Anti-Money Laundering Program

On October 1, 2020, federal prosecutors filed criminal charges against the founders of BitMex, an offshore cryptocurrency derivatives exchange. BitMex executives are charged with violating the Bank Secrecy Act (BSA) and conspiring to violate the BSA… Read More
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