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The Judge Is Fine
The First Circuit recently held that the rule of Apprendi v. New Jersey, which mandated that statutory sentencing enhancements must be found by a jury and not a judge, does not apply to determinations about criminal fines.
(I Think I May Object. On Second Thought, Never Mind.) Oops!
It is no longer good enough in the Eleventh Circuit to fail to contemporaneously raise an objection because of either a cowardly attorney or a vindictive judge. That court split from two Second Circuit cases, Leung and Kaba, and held that an appellant cannot use either excuse to avoid plain-error review. So much for the "shrinking violet" defense.
Wasting Money on Healthcare Fraud Prosecution
Senator Charles Grassley expressed frustration that the government is spending money to prosecute healthcare fraud but is not seeing results. In a letter to HHS Secretary Kathleen Sebelius and Attorney General Eric Holder, he took the two departments to task for this discrepancy.
Security and Electronic Surveillance
In the meantime, Senator Patrick Leahy committed (among other things at the start of the 112th Congress) to focus the Senate Judiciary Committee on reviewing the statute that requires firms to aid the government's surveillance efforts. Senator Leahy noted that the modification of that statute cannot ignore the importance of national security.
Don't Bank on It
Some banks are grappling with the U.S. antifraud and anti-money-laundering rules by refusing to open accounts for some foreign governments and their ambassadors.
Fraud Enforcement Shakeup Across the Pond
After implementing the Bribery Act, which is akin to the U.S. FCPA, the United Kingdom is moving to restructure how it fights fraud. The government is creating an Economic Crime Agency, merging the responsibilities of the Serious Fraud Office and the Financial Services Authority. For more information, click here.
On May 26, Washington, D.C. Counsel Steven Cash will be guest speaking at The University of Texas, Intelligence Studies Project "Texas Intelligence Academy."
Day Pitney Commercial Litigation and White Collar Partner Naju R. Lathia and Employment and Labor and Regulated Substances Attorney Daniel Pierre authored the article, "Proceed with Caution: NJ's Green Lighting of Recreational Cannabis May Require Detours," for the New Jersey Law Journal.
New York Litigation Partner Sarah Krissoff was featured on Australia's "A Current Affair" television program discussing the $450 million superyacht, called the Amadea, that was boarded by Fijian Police as part of the U.S. Government's KleptoCapture Task Force.
Day Pitney White Collar and General Criminal Defense Partner Sarah Krissoff was featured in Reuters' Fast Take video titled, "Trump's Consequences for Ignoring N.Y. Subpoena."
Day Pitney White Collar and General Criminal Defense Partner Sarah Krissoff was quoted in the Reuters article, "New York Judge Holds Trump in Contempt for Failing to Comply with Subpoena."
On April 11, Day Pitney White Collar and General Criminal Defense partner Sarah Krissoff was a guest on Court TV, where she provided commentary on the cases of the day.
Day Pitney White Collar Partner Sarah Krissoff was featured in The List's article, "Ghislaine Maxwell's Family Sounds Off About The Court's Latest Ruling In Her Case."
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