By: Sara Kropf Peter Henning of the New York Times White Collar Watch published an interesting piece on February 8 about the confidentiality of reports filed by corporate monitors after a non-prosecution agreement against a company. The article describes a recent...
By: Sara Kropf The common interest (sometimes called “joint defense”) privilege serves an invaluable strategic role in complex white-collar cases. It allows the targets of an investigation to work together, without fear that the government will discover their...
By: Sara Kropf The Ninth Circuit Court of Appeals just made it easier for the government to win a conviction in a bank fraud case. It recently ruled that the government need prove only that the defendant intended to deceive the bank, and not that he intended for the...
By: Sara Kropf The SEC and the Office of the Comptroller of the Currency both claimed that TD Bank assisted Scott Rothstein—the Florida lawyer currently serving 50 years in prison for a Ponzi scheme—with committing fraud. The OCC contended that TD Bank violated the...