White Collar Roundup, September 2010
Lose Some, Win Some:
the Life of a Basketball Maverick.
The Fifth Circuit just reinstated the SEC's case against well known Dallas Mavericks' owner, Mark Cuban. The court concluded that "[g]iven the paucity of jurisprudence on the question of what constitutes a relationship of 'trust and confidence' and the inherently fact-bound nature of determining whether such a duty exists," the better course was to allow discovery to proceed. The news wasn't all bad for Cuban, however: a district judge in D.C. ruled that the SEC improperly withheld documents from him.
Cha-Ching!
The Florida Attorney General is aggressively prosecuting healthcare fraud and filling his state's coffers. He recently announced that his office has recovered more than $400 million as a result of healthcare-fraud investigations of physicians, pharmacists, hospitals, durable-medical-equipment suppliers and others.
Cha-Ching Redux!
The FBI continues to take white-collar crime seriously. The White Collar Crime Prof Blog notes that a perusal of the FBI's press releases reveals its penchant for prosecuting white-collar crime. And of course recovering money by doing so.
One Book. One Sentence. Let's Get Together and Feel All Right.
After the high-profile prosecutions of several Computer Associates executives, the Second Circuit concluded that the one-book rule does not violate the Ex Post Facto clause.? Under that rule, judges can sentence defendants under the U.S. Sentencing Guidelines manual in effect at the time of sentencing, rather than the manuals in effect at the time of the commission of the offense. It doesn't matter whether the effect is a substantially longer sentence.
Steeeee-rike!
The Ninth Circuit has limited the government's ability to search electronic records in the high-profile criminal investigation into steroid use in Major League Baseball. In its en banc opinion, the court purported to establish "procedures and safeguards that federal courts must observe in issuing and administering search warrants and subpoenas for electronically stored information."
Welcome to the Party, (Union) Jack
The United Kingdom has finally joined the United States in its anti-foreign-corruption efforts. The U.K. recently passed the long-awaited Bribery Act, which follows the lead of the FCPA by prohibiting U.K. companies from engaging in foreign corrupt practices.
Reforming Healthcare, One Mental State at a Time
The Patient Protection and Affordable Care Act of 2010 made several changes to the mens rea requirements for various healthcare-fraud violations. Click here for a quick catalogue of the changes. Oh, and by the way, the U.S. Sentencing Guidelines for healthcare fraud got tougher, too.
Recommended
Day Pitney White Collar Attorney Stan Twardy was featured in the Law360 article, "Sparring with Adams, Feds Shadowbox The Supreme Court."
Day Pitney Press Release
Day Pitney White Collar Attorney Stan Twardy was quoted in the Law360 article, "Trump Prosecutor Restarts Precarious Road To DC Trial."
Day Pitney Litigation Partner Naju Lathia was featured in the article, "NJ, Attys Brace For Tech 'Evolution' in Litigation."
Day Pitney is proud to announce that two of our Connecticut-based attorneys and our Litigation department have been recognized by the Connecticut Law Tribune as part of their second annual New England Legal Awards. According to the publication, the awards recognize exceptional attorneys and firms from Connecticut, Maine, Vermont, New Hampshire, Massachusetts and Rhode Island across various legal domains.
Day Pitney Litigation department vice chair Mark Salah Morgan was featured in the National Law Journal article "What Does the Path Forward for Stalled 3rd Circuit Nominee Adeel Mangi Look Like?"
Day Pitney White Collar Attorney Stan Twardy was featured in the CT Insider article "How Federal Probe Into CT State Police Ticket Scandal Began."
Day Pitney Tax Partner Ryan Leichsenring authored an article for the Hartford Business Journal titled, "Here's How to Avoid Common Pitfalls When Managing Charitable Assets."
The news of Ryan Leichsenring joining Day Pitney as a partner in the firm's Tax practice was featured in Thomson Reuters' The Daily Docket Industry Moves column.
Day Pitney Government Enforcement and White Collar Criminal Defense Partner Stephen Reynolds was featured in the Connecticut Law Tribune article "Stephen Reynolds: A Full-Circle Career Back to Day Pitney."