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Jeff Sessions: A DOJ Guy. What Does It Mean For White Collar Prosecutions?
At the end of the day, the new Attorney General is a DOJ guy–a veteran AUSA and U.S. Attorney. He appears to have real reverence for the history and traditions of Mother Justice, and I'm not just talking about withholding exculpatory information from the defense. Don't expect any sudden, shocking institutional changes in the day to day operations
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Bernie Madoff and the New Ponzi Supernova Series from Audible
Last week, I listened to a fascinating episode of the 1A podcast focussing on a new Audible series about Bernie Madoff called Ponzi Supernova. Here is the description of the 1A podcast episode: Bernard Lawrence Madoff carried out what many consider to be the largest financial fraud in U.S. history: a massive Ponzi scheme which cost his
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Judge Gorsuch and White Collar Crime
It is always difficult to predict how someone will opine if they are on the Supreme Court. This is especially true if the prior judicial opinions do not cover a wide span on issues. In the case of the nominee, Judge Gorsuch, we do have some opinions to examine. It is clear that he has
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Microsoft Wins Again Regarding Warrant for International Data
An important issue to watch this year is the ongoing battle over access to data collected by companies and stored overseas. This issue heated up last year when Microsoft won its Second Circuit challenge of a 2013 warrant for emails housed in an Irish data center. In the Second Circuit decision from July 2016, the court determined
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Sally Yates: Her Brilliant Career Move
As I see it, Acting Attorney General Sally Yates had four options regarding her opposition to President Trump's Executive Order on refugees, visas, and travel bans: 1) defend it in the courts since most or all of the Order is likely to be judicially upheld; 2) explain to the President in private why the parts you don't like are problematic and try to change his
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White Collar Cases – What to Watch in 2017
Check out Walter Pavlo, Forbes, Jan. 5, 2017 – providing highlights of some of the white collar cases of interest for 2017 – White Collar Cases To Watch In 2017 (esp)
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Van Hilley: 1946-2016
We mourn the passing of Van Hilley and extend our deepest sympathies to his family and the lawyers and staff members at Goldstein, Goldstein & Hilley. Van was an outstanding trial lawyer and a long-time leader in the San Antonio, Texas white collar criminal defense bar. Of more importance, he was a valued mentor and friend to generations of
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Supreme Court Clarifies Bank Fraud Statute
In an unanimous decision, the Supreme Court in Shaw v. United States rejected defendant's argument that section 1344(1) "does not apply to him because he intended to cheat only a bank depositor, not a bank." The Court found that the defendant's scheme to cheat another "was also a scheme to deprive the bank of certain property
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U.S. v. Clay – A Case Needing Supreme Court Review
On August 11, 2016, the Eleventh Circuit issued an 124 page opinion in U.S. v. Clay. Review of this decision in the 11th Circuit was denied. So now the case is likely to be teed up on a Petition for Cert. for review by the Supreme Court. There are important issues presented by this case,
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Insider Trading – Is The Law Now Clear?
As co-blogger Solomon Wisenberg noted here, the Supreme Court issued an opinion today in Salman v. United States resolving an issue related to insider trading. But is the law really clear now, as some claim (see here)? It would appear that Salman does little to modify the current landscape regarding insider trading, except to perhaps
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