Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.
The Judge Is Fine
The First Circuit recently held that the rule of Apprendi v. New Jersey, which mandated that statutory sentencing enhancements must be found by a jury and not a judge, does not apply to determinations about criminal fines.
(I Think I May Object. On Second Thought, Never Mind.) Oops!
It is no longer good enough in the Eleventh Circuit to fail to contemporaneously raise an objection because of either a cowardly attorney or a vindictive judge. That court split from two Second Circuit cases, Leung and Kaba, and held that an appellant cannot use either excuse to avoid plain-error review. So much for the "shrinking violet" defense.
Wasting Money on Healthcare Fraud Prosecution
Senator Charles Grassley expressed frustration that the government is spending money to prosecute healthcare fraud but is not seeing results. In a letter to HHS Secretary Kathleen Sebelius and Attorney General Eric Holder, he took the two departments to task for this discrepancy.
Security and Electronic Surveillance
In the meantime, Senator Patrick Leahy committed (among other things at the start of the 112th Congress) to focus the Senate Judiciary Committee on reviewing the statute that requires firms to aid the government's surveillance efforts. Senator Leahy noted that the modification of that statute cannot ignore the importance of national security.
Don't Bank on It
Some banks are grappling with the U.S. antifraud and anti-money-laundering rules by refusing to open accounts for some foreign governments and their ambassadors.
Fraud Enforcement Shakeup Across the Pond
After implementing the Bribery Act, which is akin to the U.S. FCPA, the United Kingdom is moving to restructure how it fights fraud. The government is creating an Economic Crime Agency, merging the responsibilities of the Serious Fraud Office and the Financial Services Authority. For more information, click here.
Judge Christopher Droney (ret.) and Matthew Austin co-authored the article, "The Investigation and Enforcement Landscape Under the Garland Department of Justice," for the New York Law Journal.
Judge Christopher Droney presented a webinar, "Perspectives on Practicing in the Age of COVID-19" for the Holy Cross Lawyers Association (HCLA).
Day Pitney Press Release
DC Counsel Steven A. Cash was quoted in the Reuters article, "Exclusive: Venezuelan intelligence monitored Citgo executives in U.S. - court testimony."
Day Pitney Press Release
Stan Twardy was quoted in the Law360 article, "Barr's Special Counsel Pick Known For Not Caving To Politics."
Judge Christopher Droney (ret.) appeared on the WFSB 3 News program "Face the State" on Sunday, October 24, to discuss the U.S. Supreme Court nomination process and the hearing before the Senate Judiciary Committee on Judge Amy Coney Barrett.
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