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July 20, 2023 | New York Law Journal

Varsity Blues: First Circuit Overturns College Admissions Scheme Convictions—Part Two

In May 2023, the U.S. Court of Appeals for the First Circuit set aside the convictions of two individuals in the government's high-profile "Varsity Blues" prosecution of fraud and bribery in the college admissions process. In part one of this two-part series, we addressed the court's holding that the government charged an improper "hub and spoke" conspiracy, which resulted in an unfair trial due to the admission of irrelevant prejudicial evidence against defendants. In this article, we address the court's bribery and fraud rulings.
10 minute read
July 19, 2023 | New York Law Journal

Challenges to Summonses After 'Polselli v. IRS'

This column discusses the court's decision in Polselli, Justice Jackson's concurring opinion, and the potential for future challenges to the IRS's issuance of summonses without notice.
10 minute read
July 06, 2023 | New York Law Journal

Varsity Blues: First Circuit Overturns College Admissions Scheme Convictions—Part One

On May 10, the U.S. Court of Appeals for the First Circuit vacated their convictions on the fraud, bribery and conspiracy charges, though it affirmed Wilson's conviction on a single count of filing a false tax return relating to a deduction taken for payments to Singer.
11 minute read
June 23, 2023 | New York Law Journal

Communications With Prospective Clients Carry Disqualification Risks

Attorneys need to exercise some degree of caution in initial client consultations, or face the risk of a disqualification motion if the attorney is engaged on behalf of another party in a related matter.
9 minute read
June 16, 2023 | New York Law Journal

'Lottery Lawyer' Is Sentenced to 13 Years in Prison for Fraud Scheme Against Jackpot-Winning Clients

Jason Kurland was convicted of wire fraud, honest services wire fraud, money laundering, and conspiracy to commit wire fraud and money laundering at the conclusion of his trial in the Eastern District of New York in summer 2022.
3 minute read
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June 07, 2023 | New York Law Journal

Is FCPA Individual Enforcement at Odds With Government Rhetoric?

Although time will tell whether the government's recent FCPA enforcement record reflects the lingering impact of COVID on investigative efforts or a longer term trend, these recent patterns are worthy of note for white-collar practitioners and company counsel addressing potential FCPA issues.
10 minute read
May 18, 2023 | New York Law Journal

Privilege Analysis Following Dismissal of 'In re Grand Jury'

The attorney-client privilege protects confidential communications between attorneys and clients made in connection with the provision of legal advice. A recurring issue faced by litigants and courts is whether the attorney-client privilege applies to communications that involve legal and nonlegal advice that cannot be disentangled.
10 minute read
May 12, 2023 | New York Law Journal

The Right to Control Is Gone, but What Comes Next?

In this article, after describing the Ciminelli case, I will describe the alternative theory of wire fraud presented by the government but not addressed by the Supreme Court. I will then conclude with some thoughts about the application of this alternative theory of wire fraud and the contours of future litigation in this area.
10 minute read
May 05, 2023 | Litigation Daily

Another Fresh Batch of Litigator of the Week Runners-Up and Shout Outs

Runners-up include defense lawyers who secured a mid-trial ruling in Connecticut tossing out federal prosecutors' latest attempt to bring criminal antitrust charges related to alleged "no-poach" agreements.
8 minute read
May 02, 2023 | New York Law Journal

The Justice Department's Corporate Enforcement Policy: What's Really Changed?

In this article, authors Elkan Abramowitz and Jonathan S. Sack analyze a recent DPA and related remarks by Criminal Division leadership, which shed light on how prosecutors will deal with companies with aggravating factors, such as prior misconduct.
10 minute read

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