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...
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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.
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...
Latest Insider Trading Conviction
Last week, a federal jury in Manhattan found former SAC portfolio manager, Michael Steinberg, guilty on 5 insider trading charges related to trades he made in the shares of Dell and Nvidia. Steinberg was the highest-ranking employee at SAC Capital Advisors to stand...
Real Estate Investment Fraud Case Results in UPward Variance for Non-Criminal Conduct!
In this case, the defendant pled guilty to wire fraud in connection with a real estate investment scheme. The parties reached an agreement on defendant's sentencing guidelines and the loss amount, taking into account that some of the losses were not due to defendant's...