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...
Keep Your Friends Close – The Second Circuit Strengthens Common Interest Privilege
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...
Ninth Circuit Eases Burden on Government to Win a Bank Fraud Conviction
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...
What Does the TD In TD Bank Stand For? Also, Did TD Bank’s Vice President Help Scott Rothstein’s Ponzi Scheme?
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...