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“Whack-a-Mole: Why Prosecuting Digital Currency Exchanges Won’t Stop Online Laundering”
Catherine Martin Christopher has a new article titled, "Whack-a-Mole: Why Prosecuting Digital Currency Exchanges Won't Stop Online Laundering." The SSRN abstract states: Law enforcement efforts to combat money laundering are increasingly misplaced. As money laundering and other underlying crimes shift into cyberspace, U.S. law enforcement focuses on prosecuting financial institutions’ regulatory violations to prevent crime,
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Business Law Professors on Twitter
Professor Haskell Murray of Business Law Prof Blog put together a list of business law professors on Twitter. See here. (esp)
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Sixth Circuit Vindicates Assistant Federal Public Defender Debra Migdal.
How many federal appellate opinions begin like this? "An attorney's reputation is her most valuable possession. It forms the basis for her peers' view of her and plays an important role-often a determinative one-in how she advances in her career. This case began with a government attorney's unauthorized filing of a motion for sanctions against
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“Sentencing the Why of White Collar Crime”
Todd Haugh (Illinois Institute of Technology – Chicago-Kent College of Law) has a new forthcoming article in the Fordham Law Review - here. The SSRN Abstract states - “So why did Mr. Gupta do it?” That question was at the heart of Judge Jed Rakoff’s recent sentencing of Rajat Gupta, a former Wall Street titan and
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In the News & Around the Blogosphere
Sean Radcliffe & T. Markus Funk, Investigating Alleged Board Member Misconduct, ACC Docket Brandon L. Garrett & David Zaring, Dealbook, For a Better Way to Prosecute Corporations, Look Overseas DOJ Press Release, Johnson & Johnson to Pay More Than $2.2 Billion to Resolve Criminal and Civil Investigations Allegations Include Off-label Marketing and Kickbacks to Doctors
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Prosecuting Individuals & Overcriminalization
The NYTimes Room for Debate has an opinion discussion on prosecuting individuals in the corporate sphere. My piece on overcriminalization is here. (esp)
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Non-GAAP Earnings: Isn’t The Issue Disclosure?
Gretchen Morgenson has another one of her outstanding articles, Earnings, But Without The Bad Stuff, in today's NY Times. The piece explores some unintended effects of the SEC's Regulation G, which "allows companies to use non-traditional metrics in financial reports, but only if they present generally accepted accounting measures [GAAP] alongside so that investors can
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Daubert Hearing Produces Defense Win
The defendant was charged with two counts of allegedly mailing threatening communications (18 U.S.C. § 876) and two counts of intentionally conveying false and misleading information (18 U.S.C. § 1038(a)(1)). The defendant challenged the "government's introduction of testimony by a handwriting expert pursuant to Federal Rules of Evidence 702 and 403." In this case it was a
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SAC Capital – Guilty Plea
See Peter Lattman & Ben Protess, NYTimes, SAC Capital Agrees to Plead Guilty to Insider Trading (esp)
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White Collar Prosecutions – Are They Really Down?
TRAC (Transactional Records Access Clearinghouse) is reporting a decline for 2013 of white collar prosecutions. (see here). Their statistics, which I assume to be accurate, demonstrate a decline of 45% from 10 years ago and 6.8 % from last year. TRAC does a superb job of providing current statistics as provided to them from the
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