Criminal

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This three-part series, written by recent in-house counsel and former federal prosecutors, aims to help legal and compliance teams avoid missteps that can lead to aggressive government responses.   In part three, the authors explain the tools for understanding the enforcement process and conducting internal investigations.  Click here to read the full article.  …
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Posted on Jan 16, 2019 in Legislation, Local Issues Did you know that the Law of Louisiana is unique from all other state laws in the US? It’s true! That’s because whereas the other 49 states base their interpretation of the law on what is referred to as “common law,” Louisiana law derives from Napoleonic Code. To learn why this is, we have to look back in history a little bit. Louisiana adopted its…
MAINE:  Ho, ho, ho, no, no… Police had to chase an alleged car thief who called himself “Santa Claus.” Maine police had chased the man for 50 miles, at speeds reaching 112 mph, before they deployed spike strips in the town of Newburgh and finally nabbed the driver they later identified as Christos Kassaras, 54, of Golfstown, New Hampshire – not “Santa Claus.” LOUISIANA: IDIOT! A man ditched by his friends on the side of…
Juvenile Arrested for Marijuana in Morris County? Many of the same laws apply in full force to juveniles just as they do to adults in New Jersey. However, juveniles are often treated differently with more minor offenses, and some drug crimes will fall under this more lenient treatment. One of the most common drug crimes involving minors in New Jersey relates to simple marijuana possession, also known as possession of under 50 grams of marijuana.…
As discussed in Cleary Gottlieb’s December 21, 2018 Alert Memorandum, on December 18, 2018, the U.S. Court of Appeals for the D.C. Circuit issued an important ruling in In re Grand Jury Subpoena, holding, inter alia, that foreign state-owned corporations are subject to criminal jurisdiction in the United States and upholding Special Counsel Mueller’s authority to serve and enforce a grand jury subpoena on a sovereign entity. The foreign state-owned corporation subsequently sought…
This month, the trial of Markeith Loyd continues in an Orlando courtroom with Terry Lenamon at the defense table. While prior Florida state attorney Ayala declined to proceed with the death penalty, it is back on the table. For more on the Markeith Loyd case, see: Markeith Loyd Motion to Disqualify Trial Judge: Details on Recusal Request Defense To Call State Attorney Ayala as Mitigation Witness Against Death Penalty in Markeith Loyd Case Lenamon Files …
On January 11, the Second Circuit Court of Appeals denied the appeal of Rajat Gupta, who was seeking to undo his insider trading conviction.  Relying on the Second Circuit’s decision in United States v. Newman, Gupta argued that—to satisfy the requirement that Gupta personally benefit from tipping inside information—the Government must show “a quid pro quo – in which [Gupta] receive[d] an ‘objective, consequential . . . gain of a pecuniary or similarly valuable nature.’”…
This series, written by recent in-house counsel and former federal prosecutors, aims to help in-house legal and compliance teams avoid the types of seemingly minor or inconsequential missteps that can lead to aggressive government responses, including parallel civil and criminal investigations. In part two, the authors explain what to do when a search warrant is served and how to prepare for government interviews with employees. Click here to read the full article.  …
On December 26, 2018, the SEC announced settled charges against ADT Inc. after finding that ADT, in two earnings releases, gave undue emphasis to non-GAAP adjusted EBITDA figures because they identified the relevant GAAP measures only later and much less prominently. Without admitting or denying the SEC’s factual or legal claims, ADT agreed to an administrative settlement finding violations of Section 13(a) of the Securities Exchange Act of 1934 and Rule 13a-11 thereunder, relating to…
FLORIDA:  Crash, Bang… A Florida man had hidden himself from police in the drywall above a shower, that is, until it gave way and he came crashing onto the bathroom floor. The man who had several felony convictions on his record was being chased by police when he bolted into a woman’s apartment in Winter Haven, sparking a search with a police dog. He was arrested on the bathroom floor and taken into custody. FLORIDA: …