By: Sara Kropf We’ve all seen the headline: “SEC charges S.A.C. Capital’s Steven A. Cohen.” There has been so much press about this investigation, particularly the criminal side of it, that it almost feels as though the SEC had to charge him or risk looking weak. The...
Quick Cases: “Too Many [Health Care Fraud Cases] To Shake A Stick At”
By: Sara Kropf This is the one of my recurring posts that offer quick summaries of similar cases. Think of them as the Kay and Peele version of my blog posts, though not nearly as funny and always safe for work. The Beastie Boys bemoaned that there are “too many...
Wiretaps—They Aren’t Just for Insider Trading Cases Anymore: San Diego Businessman Sentenced for Criminal Customs Violations
By: Sara Kropf As I follow the press releases of the U.S. Attorneys’ Offices around the country every week in my relentless effort to find interesting white-collar cases, sometimes a case jumps out at me because it is a little bit different. I see a lot of health care...
With a Name Like “DiscoCare,” How Can You Go Wrong? Two ArthroCare Executives Indicted for Securities Fraud
By: Sara Kropf A few years ago, massive securities fraud cases were all the rage. Over the last few years, health care fraud has been on the hit parade. Now, DOJ has managed to combine the two into one case. The former CEO and former CFO of publicly-traded medical...
Seven Years Later: Will the Richard Scrushy Case Finally End?
By: Sara Kropf I know the public gets sick of lawyers and our filings and our appeals. I don’t. Because when you are a criminal defense lawyer, your job is to be dogged and relentless. We don’t give up. We exhaust every possibility. This is not commercial litigation....
What is the SEC’s “Cross-Border Working Group”? This Chinese Company’s Executive Is Getting a Tough Lesson
By: Sara Kropf You may not have heard of the SEC’s Cross-Border Working Group but if you are a company with substantial foreign operations that trades in the United States, chances are the Working Group has heard of you. Since it began, the Working Group has led to...
How Far Can the Government Go to Search Your Computer? The Fourth Amendment in the Digital Era
By: Sara Kropf Finally…a case that is not connected to the Galleon insider trading investigation, or SAC Capital or, any of the usual white-collar suspects. In Galpin, the Second Circuit addressed the scope of the government’s search of a defendant’s computer hard...
New SBA Rule Changes the Playing Field for Criminal and Civil Contracting Fraud Cases
By: Sara Kropf According to its mission statement, the Small Business Association is supposed to “aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of...
Watch Out, The Government Is (Lawfully) Listening: Second Circuit Greatly Expands Use of Wiretaps In White Collar Criminal Cases
By: Sara Kropf Last week was a huge week for the Supreme Court. I’ll leave it to the experts to talk about DOMA, Prop 8 and the Voting Rights Act. And let’s not forget that there were a few important criminal cases that did nothing good for defendants’ constitutional...
Two New Indictments for Commercial Kickback Cases: Construction and Computers
By: Sara Kropf Two recent cases in Missouri and New York make clear that the Department of Justice continues to investigate and aggressively prosecute not only public corruption cases involving kickbacks but commercial kickback cases as well. The FCPA gets so much...