Entries tagged: white collar

Pay Your Attorney Now: Supreme Court Considers Legality of Seizing Untainted Money

By: William McDonald, Esq.

Posted: November 20th, 2015

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The headline is not just shameless attorney self-promotion, but in fact reflects sound advice to anyone or any company facing a government investigation.  More often than not, the U.S. Attorney’s Office seizes a defendant’s assets at the same time he is placed under arrest.  In these cases, the defendant not only finds himself under arrest […]

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Second Circuit Upholds Use of Undisclosed Third Party Software to Provide Probable Cause in Search Warrant

By: William McDonald, Esq.

Posted: July 15th, 2015

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While the crimes themselves are despicable, child pornography prosecutions often feature cutting-edge forensic investigation techniques and challenges that are applicable to a wide range of white collar crimes. On June 11, 2015, the United States Court of Appeals for the Second Circuit rejected a defendant’s challenge, and held that law enforcement may use third-party aggregating […]

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Best Practices for Internal Investigations

By: William McDonald, Esq.

Posted: June 22nd, 2015

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On May 19, 2015, Assistant Attorney General Leslie Caldwell, the leader of the Department of Justice’s (“DOJ”) Criminal Division, gave a speech offering companies “best practices” guidance for corporate internal investigations. Presently, the DOJ is guided by the nine factors outlined in Deputy Attorney General Mark Filip’s 2008 memo entitled “Principles of Federal Prosecution of […]

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GM Ignition Switch Investigation Shows Value of Competent Internal Investigation

By: William McDonald, Esq.

Posted: March 18th, 2015

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General Motors (“GM”), who faced a very public scandal in 2014 over ignition switch defects, now faces a large class-action multi-district lawsuit on behalf of individuals who suffered injury due to the alleged defect. When the scandal broke, GM hired outside counsel to investigate the ignition switch defect and GM’s delays in recalling vehicles.  The […]

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New Supervisory Standard by SEC Increases Risk for Corporate Counsel

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Posted: June 11th, 2011

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On September 8, 2010, a decision by a U.S. Securities and Exchange Commission administrative law judge in In the Matter of Theodore W.Urban, 2010 WL 3500928 (SEC Release No. 43-31655, Sept 8, 2010) cleared Urban, former General Counsel and Executive Vice President of Ferris, Baker Watts, Inc., of all charges of failing to reasonably supervise […]

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