Partner Stan Twardy and counsel Daniel Wenner co-authored an article discussing the likelihood that CFOs or auditors may be called as "star witnesses" in a criminal-fraud trial after the decision by the U.S. Court of Appeals for the Second Circuit in United States v. Cuti, 720 F.3d 453 (2d Cir. 2013). The authors noted that the ruling essentially will allow prosecutors to ask accountants who had participated in preparing or auditing financials "what-if-you-had-known" questions. "Accountants and other professionals will be turned from simple fact witnesses--discussing the mundane, 'who, what, when, where, and how'--into pseudo-experts," they noted. But the recent case law development, they said, might also work for the defense counsel. "[D]efense counsel can use the government's witnesses to provide opinion testimony on their client's behalf, by using 'what if' questions that show the defendant's lack of scienter," they concluded.
The article was published in the American Bar Association's Criminal Litigation Committee Fall 2013 Newsletter.
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.