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.
On March 26, D.C. Counsel Steven Cash will be featured on live webinar, "When Congress Comes Calling: Unique Rights and Wrongs for Oversight and Investigation Targets," presented by the Washington Legal Foundation (WLF).
Day Pitney Newsletter
Dan Wenner and Stan Twardy authored an article, "Forfeiture and the Eighth Amendment," published in the January/February issue of GPSolo Magazine, a publication of the American Bar Association.
Steven Cash authored an analysis article, "What to Do When a Client Receives a Subpoena From Congress," published by the New York Law Journal.
On February 5, partners Dan Wenner and Jed Davis will present a webinar, "Cybersecurity Incident Report: Applying Reason And Rigor To Control Chaos," produced by PLAC (formerly the Product Liability Advisory Council).
Jed Davis was quoted in an article, "Manager Data in Peril from Growing Cyber Threats," published by FundFire, a Financial Times news service for professionals working in the high net worth and institutional investment management industry.
Stan Twardy appeared live on the RNN-TV program "Richard French Live," a nightly news talk show.
Washington, D.C.-based counsel Steven Cash was quoted in an article, "Five Tantalizing Questions About Mueller's Investigation," published by The Hill.
Washington, D.C.-based counsel Steven Cash was quoted in an article, "Rule Change Sharpens Dem Investigations into Trump," published by The Hill.