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White Collar
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August 26, 2025
SEC Says Nikola's Ch. 11 Plan Mischaracterizes $80M Penalty
The U.S. Securities and Exchange Commission objected to the Chapter 11 plan of electric-truck maker Nikola Corp. on Tuesday, saying the plan improperly treats the agency's $80 million civil penalty claim as if it were a damages claim behind other unsecured creditors in the priority scheme.
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August 26, 2025
5th Circ. Says Fed. Law Explicitly Bars Ex-CEO's NCUA Suit
The Fifth Circuit on Monday refused to revive a former Texas credit union CEO's constitutional challenge to an enforcement action the National Credit Union Administration had brought against him for alleged banking misconduct, saying in a published opinion that federal law explicitly stripped a district court's jurisdiction over the matter.
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August 26, 2025
Md. Pharmacy Owner Gets 1 Year For Filing False Tax Returns
A Baltimore pharmacy owner was sentenced to just over one year in prison after filing fraudulent tax returns and underreporting his income to the Internal Revenue Service by more than $3.5 million, federal prosecutors announced Tuesday.
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August 26, 2025
CFTC's Last Dem Member Departing Agency
The U.S. Commodity Futures Trading Commission's sole remaining Democrat, Kristin Johnson, announced Tuesday that she will be departing the agency next week, leaving it in the hands of acting Chair Caroline Pham.
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August 26, 2025
No Immunity For Wis. Judge Charged With ICE Interference
A Wisconsin federal judge on Tuesday rejected a motion to dismiss from a state judge accused of helping an unauthorized immigrant escape arrest by U.S. Immigration and Customs Enforcement agents, turning down her argument that she is protected by judicial immunity.
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August 26, 2025
Fed's Lisa Cook Preps Lawsuit Over Trump Firing
Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.
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August 26, 2025
DOJ Terrorism Prosecutor Joins Stris & Maher As DC Partner
California-headquartered Stris & Maher LLP said Tuesday it has hired a former national security attorney from the U.S. Department of Justice, who joined the firm after ending a trial in which the government proved a Michigan man experimented with bomb making in support of ISIS.
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August 25, 2025
LA Atty Used Client Trust Acct. To Hide $2.1M Bribe, Jury Told
A California divorce attorney accepted a $2.1 million bribe from a Swiss oil company related to his work in Nigeria and laundered the money through his U.S. client trust account, a prosecutor told a federal jury in Los Angeles on Monday during opening statements in the attorney's criminal trial.
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August 25, 2025
DOJ Antitrust Whistleblowers May Find Ally At The Post Office
The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.
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August 25, 2025
Trump Plans To Withdraw Federal Funding Over Cashless Bail
President Donald Trump said Monday that he would suspend or terminate federal funds provided to any jurisdictions that have adopted cashless bail policies, calling the reforms a "failed experiment" that allow repeat criminals to "mock our justice system."
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August 25, 2025
SEC Nabs $1.1M Over Alleged Blue Apron Insider Trading
The U.S. Securities and Exchange Commission announced that an Arizona man will pay over $1.1 million to settle claims he traded shares of meal kit company Blue Apron Holdings Inc. on inside information he learned from a family member who was also a senior executive at the company.
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August 25, 2025
DOJ Wants $10.5M From Convicted Nursing Exec For Fraud
U.S. Department of Justice prosecutors asked a Nevada federal judge Friday for a $10.5 million preliminary forfeiture order against a nurse staffing executive convicted of wage-fixing, an amount that matches what he was paid for his staffing company after deceiving the buyer into thinking there was no criminal antitrust investigation.
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August 25, 2025
Judge Orders Hearing Before ICE Can Deport Abrego Garcia
A Maryland federal judge temporarily blocked the Trump administration Monday from immediately deporting Kilmar Abrego Garcia, after U.S. Immigration and Customs Enforcement re-detained the Salvadoran at his first check-in since the U.S. Marshals released him from criminal custody last week.
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August 25, 2025
Supervised Release Violators Can Be Jailed, 2nd Circ. Says
The Second Circuit on Monday ruled that federal judges have the authority to detain criminal defendants who are awaiting a hearing to determine whether they violated the terms of their supervised release.
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August 25, 2025
Ƶ Plans To Limit Nonbank Supervision With Rule Proposal
The Consumer Financial Protection Bureau plans to propose a rule that would rein in the use of the agency's power to designate individual nonbanks for supervision, according to a notice of rulemaking scheduled to publish in the Federal Register on Tuesday.
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August 25, 2025
Epic's 9th Circ. Case Against Apple Draws Amicus Support
Epic Games has received backing from state enforcers, Microsoft, Spotify and others as the Fortnite developer opposes Apple's Ninth Circuit appeal challenging an order blocking commissions on purchases made outside of Apple's own app payment system.
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August 25, 2025
Battle Over NJ US Atty Appointment Lands In 3rd Circ.
The U.S. Department of Justice said Monday it will appeal a Pennsylvania federal judge's ruling that interim U.S. Attorney Alina Habba is not lawfully serving as New Jersey's top federal prosecutor.
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August 25, 2025
NC Man Gets Nearly 20 Years For Tax Fraud, Ponzi Scheme
A North Carolina man was sentenced to nearly 20 years in prison after willfully failing to report nearly $9 million in income to the Internal Revenue Service and evading more than $3 million in taxes in connection with a $20 million Ponzi scheme, federal prosecutors said.
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August 25, 2025
Alleged Crypto Thieves Fight Use Of Google Search History
A New York federal judge should exclude evidence showing two Massachusetts Institute of Technology-educated brothers accused of stealing $25 million in cryptocurrency searched terms including "top crypto lawyers" and "wire fraud statute / wire fraud statue of limitations," the brothers said in a motion, arguing their explanations for the searches are privileged.
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August 25, 2025
Long Island Tax Pro Gets 18 Months For $12M Pandemic Scam
A Manhattan federal judge sentenced a wealthy Long Island tax preparer to 18 months in prison Monday, after he admitted filing over 100 fraudulent applications for nearly $12 million of loans earmarked to help businesses hit by the COVID-19 pandemic.
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August 25, 2025
Wyden Urges Independent Review Of Courts' Cybersecurity
U.S. Sen. Ron Wyden, D-Ore., a cybersecurity hawk, urged Chief Justice John Roberts on Monday to commission an independent study of the federal judiciary's cybersecurity practices in light of two significant hacks in the last five years.
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August 25, 2025
MusclePharm Ex-CEO Pays $175K To End SEC Fraud Claims
A former CEO of supplements company MusclePharm Corp. will pay the U.S. Securities and Exchange Commission $75,000 and reimburse his former company $100,000 as part of an agreement ending the regulator's claims he failed to properly oversee the company's accounting and financial reporting, including by not reporting $231,000 worth of perks he received.
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August 25, 2025
Ex-Ohio Lawyer Gets Probation For Making False Statements
A former Ohio lawyer was sentenced to two years of probation and fined $15,000 after pleading guilty earlier this year to making false statements to the FBI regarding a cooperating witness he represented in a drug and sex trafficking probe the bureau was pursuing.
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August 22, 2025
Nadine Menendez Presses Court For 1-Year Prison Sentence
The wife of former U.S. Sen. Robert Menendez on Friday urged a New York federal judge to sentence her to just one year and one day behind bars, a request backed up by her husband, who said he regretted what his own lawyers said about her during his trial.
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August 22, 2025
Coder Gets 4 Years For 'Kill Switch' On Ex-Employer's System
A Texas-based software developer has been sentenced in Ohio federal court to four years in prison after an unsuccessful attempt at getting a new trial following his conviction for deploying a "kill switch" on his former employer's network.
Expert Analysis
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White Collar Archetypes: Molding Your 'Great Gatsby' Ally
To ensure their witnesses effectively perform the role of ally and earn jurors’ trust at trial, white collar attorneys can glean a few lessons from the narrator of “The Great Gatsby,” whose credibility with readers arises in part from his perspective as both an insider and an outsider, say attorneys at Lightfoot Franklin.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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What FCA Liability Looks Like In The Cybersecurity Realm
Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say attorneys Rachel Rose and Julie Bracker.
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Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling
After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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5 Takeaways From DOJ's Media Compulsory Process Rules
The U.S. Department of Justice’s new rules, making it easier for law enforcement investigating leaks to compel members of the media and third parties to disclose information, could have wide-ranging impacts, from reduced protections for journalists and organizations, to an expanded focus on nonclassified material, say attorneys at WilmerHale.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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High Court Ruling Bucks Trend Of Narrowing Fraud Theories
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.
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DOJ Policy Shifts May Resurrect De Facto 'China Initiative'
The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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7 D&O Coverage Areas To Assess As DOJ Targets DEI
Companies that receive federal funds or have the remnants of a diversity, equity and inclusion program should review their directors and officers liability insurance policies ahead of a major shift in how the U.S. Department of Justice enforces the False Claims Act, says Bill Wagner at Taft.
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Ƶ Industry Impact Uncertain Amid Priority Shift, Staff Cuts
A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.
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Compliance Essentials To Mitigate AI Crime Enforcement Risk
As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools — and how to mitigate enforcement risks, say attorneys at Paul Hastings.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.