Supreme Court To Resolve Circuit Split Over Bank Fraud Statute

By Dietrich Snell & Jonathan Siegelaub on April 27, 2016

On Monday April 25, the U.S. Supreme Court granted certiorari in United States v. Shaw, a closely watched case out of the Ninth Circuit addressing the bank fraud statute, 18 U.S.C. § 1344. That statute has two subsections, the first of which criminalizes schemes “to defraud a financial institution.” The question presented in Shaw is whether that subsection requires that a financial institution be the principal victim of a fraudulent scheme, or whether deceiving a…

Corporate Defense and Disputes

Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases

By Dietrich Snell & Jonathan Siegelaub on October 9, 2015

Last week, the Third Circuit issued a decision that could have major ramifications for sentencing in federal fraud cases. United States v. Nagle dealt with a fraud perpetrated against the Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. The DBE program requires states that receive federal transportation funds to set goals for the awarding of construction contracts to certified DBEs. To receive DBE certification, a firm must be a small business that is majority owned…

Corporate Defense and Disputes

Texas Supreme Court: Companies Shielded from Defamation Claims for Statements in Internal Investigation Reports

By Sigal Mandelker, Jonathan Siegelaub & Phillip Caraballo-Garrison on May 22, 2015

Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing statements later alleged by an employee to be defamatory. The decision in Shell Oil Co. v. Writt, __S.W.3d__ (Tex. 2015) should provide Texas companies comfort that cooperating with regulatory and law enforcement agencies will not expose them to liability for defamation. The…

Corporate Defense and Disputes

DOJ Announces Record Year of Over $5 billion in False Claims Act Recoveries

By Sigal Mandelker, Jonathan Siegelaub & Roger Cohen on November 26, 2014

2014 was a banner year for federal recoveries under the False Claims Act (“FCA”). In a press release dated November 20, 2014, the DOJ announced that its total recoveries – including those from both settlements and judgments – amounted to $5.69 billion for the fiscal year ending September 30th. These results mark the first time that annual recoveries have exceeded $5 billion, and they continue a recent trend of aggressive FCA enforcement. The FCA…

Jonathan Siegelaub

Supreme Court To Resolve Circuit Split Over Bank Fraud Statute

Third Circuit Decision Could Have Broad Implications For Sentencing In Federal Fraud Cases

Texas Supreme Court: Companies Shielded from Defamation Claims for Statements in Internal Investigation Reports

DOJ Announces Record Year of Over $5 billion in False Claims Act Recoveries

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