The Supreme Court’s recent decision in Van Buren v. United States significantly narrows the reach of the Computer Fraud and Abuse Act’s prohibition against exceeding authorization to access information. Before Van Buren, courts were split on the reach of the Act; the...
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COVID19 ANNOUNCEMENT
If you or anyone you know has been accused of a crime related to the COVID19 outbreak, please contact our office immediately for a free consultation.
Quarterly Update: How California and the Federal Government Have Addressed Mass Incarceration, COVID-19, and Gun Violence
The ongoing coronavirus pandemic, a new presidential administration, and shifting attitudes towards law enforcement have reshaped the way the legal system approaches mass incarceration, the War on Drugs, and gun violence. Both California and the federal government...
Supreme Court’s Holding in “Bridgegate” Clarifies the Use of the Federal Fraud Statutes to Address Political Corruption
New Jersey may be the home of The Boss and Bon Jovi, but the Garden State is notorious for another reason: its history of political corruption. Maybe that’s why people weren’t surprised when then-governor Chris Christie’s administration was thrust into the national...
What Does the Ninth Circuit’s Holding in Miller Mean for Wire Fraud Prosecutions?
On March 20, 2020, the Ninth Circuit ruled in United States v. Miller, 2020 WL 1317275 (9th Cir.) that wire fraud requires the intent to deceive and to cheat, i.e., to deprive a victim of money or property by means of deception, overruling United States v....
Second Circuit Holds that Personal Benefit is Not Required for Insider Trading
Insider trading, or “securities fraud,” is prohibited by 18 U.S.C. § 1348 and 15 U.S.C. § 10(b) As the Supreme Court explained in Dirks v. SEC, someone engages in insider trading under §10(b) if they breach a fiduciary duty by disclosing material, nonpublic...
Theft of Trade Secrets: The Economic Espionage Act, China Initiative, and Silicon Valley
This article was originally published in the National Association of Criminal Defense Lawyer's White Collar Crime issue of The Champion, available here. Prosecutions alleging theft of trade secrets have been creeping upward since 2009. White collar practitioners must...
What is the Computer Fraud and Abuse Act?
Background In 1986, Congress enacted the Computer Fraud and Abuse Act, or CFAA. The Act, codified in 18 U.S.C. § 1030, criminalizes unauthorized access of “any protected computer.” A “protected computer" is a “computer used in or affecting interstate or foreign...
Kansas Professor Indicted for Wire Fraud and Program Fraud
University of Kansas professor, Feng “Franklin” Tao, was recently indicted on one count of wire fraud and three counts of program fraud. Assistant Attorney General Demers for National Security explained, “Tao is alleged to have defrauded the U.S. government by...
Indictment Following Contentious Civil Lawsuit Highlights the Dangers of Trade Secret Litigation
A federal grand jury recently indicted Google's former wunderkind, Anthony Levandowski, on 33 counts of theft and attempted theft of trade secrets, in violation of 18 U.S.C. § 1832. The charges relate to self-driving car technology developed by Waymo, Google's sister...
Latest Developments in Insider Trading
The Gray Area between Friend and Fiduciary In a landmark decision, the United States Court of Appeals for the Second Circuit, an influential court in securities litigation, provided clarity on the elements required to hold a tippee liable for insider trading. The...