Disgorgement of profits

Liu Limits SEC's Ability to Seek Disgorgement in Federal Securities Cases

In 2016, the SEC charged Charles Liu and Xin Wang with defrauding Chinese investors in a project that the couple falsely claimed met the requirements of the EB-5 Investment Program, which is subject to federal securities laws. Fifty investors paid ne… Read More
Read More
disbarred lawyer

Second Circuit Judge Questions Fairness of Multi-Count Indictment Against Disbarred Attorney

In March 2021, the Second Court of Appeals upheld the conviction of a Queens, New York immigration disbarred lawyer who was charged with falsifying asylum applications. However, an appellate judge’s concurring opinion questioned whether prosecutors… Read More
Read More
false claims act

Sandell Settlement Will Likely Encourage States to Allow Recovery of Taxes Under False Claims Act

On March 2, 2021, the New York Attorney General announced a $105 million settlement against a New York City hedge fund manager and his firm for alleged tax evasion. The claim was filed by a whistleblower client under the New York False Claims Act and… Read More
Read More
john mcafee

The Facts of the McAfee Cryptocurrency Fraud Case

In March, software innovator John McAfee and his bodyguard, a decorated former-Navy Seal named Jimmy Gale Watson, Jr., pled Not Guilty to federal criminal charges in New York federal court. The pair face charges of fraud, conspiracy, and money launde… Read More
Read More
Computer Fraud and Abuse Act

Van Buren v. United States: Felony Violation of the Computer Fraud and Abuse Act of 1986 (CFAA)

Van Buren v. United States was the Supreme Court’s first opinion interpreting the Computer Fraud and Abuse Act (CFAA) of 1986. Originally drafted as an anti-hacking statute, the Act prohibits people from accessing computers or computer systems “w… Read More
Read More
healthcare fraud

US v. Nora: Conspiracy to Commit Healthcare Fraud

Jonathan Nora was convicted of conspiracy to commit healthcare fraud, conspiracy to pay or receive illegal healthcare kickbacks, and aiding and abetting healthcare fraud. He appealed to the Fifth Circuit Court of Appeals, claiming his convictions wer… Read More
Read More
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
Read More
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
Read More
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
Read More
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
Read More