In a recent precedential opinion, the U.S. Court of Appeals for the Third Circuit vacated and remanded a fraud case where the sentencing court erred in its calculation of the loss amount. U.S. v. Diallo, No. 10-3771 (3d Cir. Jan. 15, 2013). The Defendant, Issa Diallo, was arrested in 2008 after using a counterfeit credit card… Read more »
This article was originally published in the February 2013 issue of New Jersey Lawyer Magazine, a publication of the New Jersey State Bar Association, and is reprinted here with permission. Related Information: Collateral Consequences of Healthcare Prosecutions
When it comes to certifying interlocutory appeals, if the government says it is so, then it must be so. At least that it is the conclusion reached by the Second Circuit in a Per Curiamorder denying a motion to dismiss the government’s appeal of a suppression order handed down by Judge Dora L. Irizarry in the… Read more »
The Fourth Circuit Court of Appeals recently reversed a $20 million criminal restitution order, finding that the order exceeded the mandate of its prior remand of the case to the district court. United States v. Pileggi, No. 10-5273 (4th Cir. January 2, 2013). With that decision, the court vacated the restitution order and remanded the case with… Read more »
On December 10, 2012, DOJ announced that British contractor APTx Vehicle Systems Limited had entered into an agreement to plead guilty to conspiracy to defraud the United States, the Coalition Provisional Authority that governed Iraq from April 2003 to June 2004, the government of Iraq and JP Morgan Chase Bank. The case centers on a… Read more »
DOJ announced yesterday that it has entered into a deferred prosecution agreement (DPA) with Standard Chartered Bank, a financial institution headquartered in London, to resolve potential charges relating to Standard Chartered moving more than $200 million through the U.S. financial system on behalf of sanctioned Iranian, Sudanese, Libyan and Burmese entities, in violation of the… Read more »
After having been convicted of criminal violations of the Clean Water Act, conspiracy and obstruction of justice following a federal jury trial earlier this year, John Tuma, the former owner and general manager of Arkla Disposal Services, Inc., was sentenced on Wednesday to 60 months in prison, three years of supervised release and a $100,000… Read more »
As industrial waste-water becomes a more significant issue, particularly in those states where hydraulic fracturing for natural gas recovery is prevalant, it is important to understand the potential criminal sanctions for violating the Clean Water Act (CWA). DOJ’s willingness to proceed with criminal charges in such matters was recently demonstrated with the indictment of Tennie… Read more »
On November 9, 2012, Anand Sekaran, President and Director of Wasson Capital, Ltd. (“Wasson”) entered a plea of guilty to charges that he engaged in a $2.3 Million fraudulent scheme to defraud Wasson’s investors. He settled civil charges with the SEC that same day. In its announcement of the guilty plea, DOJ characterized Mr. Sekaran’s… Read more »
In 1993, Ninth Circuit Judge Alex Kozinski co-authored an article for the Yale Law Journal, wherein the authors explained the term “Chutzpah.” See Alex Kozinski and Eugene Volokh, Lawsuit Shmawsuit, 103 Yale L.J. 463 (1993). Although the authors offered no formal definition for the term, as demonstrated in the opinion of a panel of the Ninth Circuit, one… Read more »