White Collar Crime

The 98% solution - 'Natwest Three' banker David Bermingham on the harsh realities of US justice

By Legal Week | November 8, 2012

'NatWest Three' banker David Bermingham argues that businesses and executives hugely underestimate the risks of being drawn into a heavy-handed US justice system

1 minute read

3RB and 2 Hare Court lead as ex-City trader gets 13 years for fraud

By Alex Newman | November 5, 2012

Three Raymond Buildings (3RB) and 2 Hare Court have played key roles in a major fraud trial which has seen former City trader Nicholas Levene jailed for 13 years. Levene was sentenced today (5 November) at Southwark Crown Court after pleading guilty on 24 September to 12 counts of fraud, one count of false accounting and one count of obtaining a money transfer by deception, all of which took place between 2005 and 2009.

1 minute read

Ex-Hogan Lovells partner struck off following jail sentence for fraud

By Pui-Guan Man | November 1, 2012

Former Hogan Lovells litigation partner Christopher Grierson has been struck off by the Solicitors Disciplinary Tribunal (SDT) after defrauding the firm of £1.3m in false travel expenses. Grierson was yesterday (1 November) struck off the solicitors' roll by the SDT and was ordered to pay £14,000.

1 minute read

Govt confirms plans for plea bargain deals in corporate crime crackdown

By Alex Newman | October 23, 2012

The Government is to press ahead with controversial reforms to usher in plea bargaining for corporates in what legal advisers regard as a major step towards US-style white collar crime enforcement in the UK. The Ministry of Justice (MoJ) today (23 October) said that it would legislate to bring in so-called deferred prosecution agreements (DPAs) in the UK in what the ministry dubbed an "important new tool to combat economic crime".

1 minute read

Government to hand more power to judges in extradition cases

By Alex Newman | October 17, 2012

The decision to block the extradition of Gary McKinnon is set to pave the way for a 'forum bar' which would give judges the power to bar prosecution overseas if they believe it is in the interests of justice. During yesterday's (16 October) announcement of the decision in the high-profile McKinnon case, Home Secretary Theresa May confirmed plans to introduce the forum bar, which would mean - in cases where prosecution is possible in both the UK and another state - UK citizens could present their defences in the UK rather than facing extradition.

1 minute read

Bribery

By Alex Newman | October 11, 2012

The Serious Fraud Office (SFO) has updated its policies on facilitation payments, business expenditure (hospitality) and corporate self-reporting, following…

1 minute read

SFO rethinks Bribery Act guidance as watchdog toughens up approach

By Alex Newman | October 2, 2012

The Serious Fraud Office (SFO) is reviewing its Bribery Act guidance, with sections on self-reporting, facilitation payments, gifts and hospitality currently withdrawn from the watchdog's website. An SFO spokesperson confirmed the advice was under review, but declined to offer further details, or suggest how long the review is expected to take.

1 minute read

FSA charges four in high-stakes insider dealing probe

By Alex Newman | October 1, 2012

The Financial Services Authority (FSA) has charged four men with conspiracy to commit insider dealing in what the agency claims is its largest and most complex insider trading investigation to date. Martyn Dodgson, a former senior corporate broker at Deutsche Bank; Andrew Hind, a director of Deskspace Offices; private stock broker Benjamin Anderson; and businessman and investor Iraj Parvizi have been bailed to attend Westminster Magistrates' Court on 19 October. The allegations relate to activities between 2006 and 2010.

1 minute read

Macfarlanes leads as mining giant Bumi launches internal investigation

By Suzi Ring | September 25, 2012

Macfarlanes has been drafted in to advise mining giant Bumi on an investigation into alleged financial irregularities in its Indonesian operations. The City firm is understood to have been instructed by the company yesterday (24 September), when Bumi announced the internal investigation into its Indonesian subsidiary PT Bumi Resources, in which it has a 29% stake.

1 minute read

Crony capitalism in the firing line as judges take tougher anti-corruption stance in Korea

By Legal Week | September 20, 2012

Lionel Mok asks whether public opinion is prompting judges to take a stricter approach to Korean bosses

1 minute read

New York Law Journal

The Right to Control Is Gone, but What Comes Next?

By Thomas A. McKay | May 12, 2023

In this article, after describing the Ciminelli case, I will describe the alternative theory of wire fraud presented by the government but not addressed by the Supreme Court. I will then conclude with some thoughts about the application of this alternative theory of wire fraud and the contours of future litigation in this area.

10 minute read

Daily Report Online

Ticket Resellers' Campaign in Ga. Raises Resale Royalty, Securities Law Issues

By Chris Castle | May 11, 2023

Should resale royalties be paid to artists and venues when tickets are resold? Such a resale royalty might encourage artists or sports teams to permit transferability for some or all their tickets. It would also help to value that property right. So how would that work?

8 minute read

Corporate Counsel

What Executives Should Take From Ex-Uber Security Chief Joe Sullivan's Sentence

By Maria Dinzeo | May 11, 2023

"What everyone in the industry wants to understand is, where is the line, and how can we be sure we're not crossing it?" said Ed McAndrew, a former cybercrime prosecutor.

6 minute read

Law.com

Ticket Resellers' Campaign in Georgia Raises Resale Royalty, Securities Law Issues

By Chris Castle | May 10, 2023

Should resale royalties be paid to artists and venues when tickets are resold? Such a resale royalty might encourage artists or sports teams to permit transferability for some or all their tickets. It would also help to value that property right. So how would that work?

8 minute read

New York Law Journal

Investigating 'Hybrid' Retaliation Claims

By Philip Berkowitz | May 10, 2023

In the era of the whistleblower, we often see "hybrid" complaints in which claims of discrimination or harassment are coupled with a claim of retaliation for blowing the whistle on alleged illegal conduct. Employers need to consider putting processes in place that will help to assure a fair and thorough investigation of claims of improper conduct, while protecting the legitimate rights of employees who raise those concerns in good faith.

8 minute read

Corporate Counsel

Former Uber Security Chief Joe Sullivan Avoids Prison Time

By Maria Dinzeo | May 4, 2023

"I'm grateful for everyone who stood by me," Sullivan said of the more than 200 people who wrote letters of support. "I felt like I was at my own Irish wake."

6 minute read

New York Law Journal

Are Attorney Proffers Fair Game on Cross Examination?

By Evan T. Barr | May 3, 2023

This article will explore the law in the Second Circuit on the use of attorney proffers under these circumstances and discuss how counsel can minimize the risk of becoming, in effect, a witness against your own client.

10 minute read

New York Law Journal

2nd Circuit Weighs Trial Court's Dismissal of Ex-Lt. Gov. Benjamin's Bribery, Fraud Charges

By Jane Wester | May 2, 2023

A district judge ruled that Manhattan federal prosecutors failed to allege an explicit quid pro quo.

4 minute read

Corporate Counsel

Ex-Uber Security Chief's Impending Sentencing Exposes Divide in Cybersecurity Community

By Maria Dinzeo | May 2, 2023

"I recognize the costs the case has had on so many—and I believe they all could have been avoided if I had acted differently back in 2016," Joe Sullivan wrote in a letter to the court.

8 minute read

New York Law Journal

The Justice Department's Corporate Enforcement Policy: What's Really Changed?

By Elkan Abramowitz and Jonathan Sack | May 2, 2023

In this article, authors Elkan Abramowitz and Jonathan S. Sack analyze a recent DPA and related remarks by Criminal Division leadership, which shed light on how prosecutors will deal with companies with aggravating factors, such as prior misconduct.

10 minute read