Category: Federal Criminal Law
What Lessons Can Be Learned From Tragic Death of An Internet Activist?
There can be no dispute that the death of Aaron Swartz – the Internet activist who took his own life on Friday, January 11 – is tragic. There can also be no dispute that the grief and anger his family feel is very real. The question is what the appropriate focus for that anger should… Read More
Online Pharma Exec Gets 4 Years in Prison for Selling Foreign Drugs in U.S.
Andrew Strempler, a Canadian citizen who helped to pioneer the cross-border online pharmacy industry, was sentenced on January 9, 2013, to four years in prison in connection with allegations that his former company sold fake and misbranded drugs to U.S. citizens. The sentence follows Strempler’s guilty plea in October in federal court in Miami to… Read More
Are the Feds Enlisting FedEx to Police the Illegal Pharma Market?
The government may be coming up with a new cost-effective measure to help balance the federal budget – enlisting private companies to do their policing. A 2011 settlement between the Justice Department and Google for $500 million is one recent example. Under the settlement, Google acknowledged responsibility for improperly aiding rogue pharmacies by allowing the… Read More
Court’s Strict Interpretation of Bank Fraud Law May Rein In Prosecutors
A recent interpretation of the federal bank fraud statute by the United States Court of Appeals for the Second Circuit may prove to be a useful check to overreaching by federal prosecutors, who have tended to use that statute in the past as a catch-all law enforcement tool. In United States v. Nkansah, the Court… Read More
‘Off-Label’ FDA Cases Can Run Afoul of First Amendment, Appeals Court Holds
A recent decision by the U.S. Court of Appeals for the Second Circuit may significantly curtail enforcement efforts relating to the so-called “off-label” use of drugs approved by the Food and Drug Administration for specific uses and/or populations. Finding that the government’s prosecution of promotional statements supporting off-label use of an FDA-approved drug would violate… Read More
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
After much uncertainty and discussion, the U.S. Department of Justice has finally issued official guidance regarding who qualifies as a “foreign official” under the Foreign Corrupt Practices Act (FCPA). This guidance was published on November 14, 2012, in the Resource Guide to the U.S. Foreign Corrupt Practices Act, a broad guide to enforcement and interpretation… Read More
Reid-Kyl Bill Would Legalize Online Poker at Federal Level
A draft of the online poker bill that Sen. Harry Reid (D-Nev.) and Sen. Jon Kyl (R-Ariz.) plan to introduce was released this week. The bill, known as the “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012” would legalize online poker at the federal level, a step that became possible last… Read More
Eleventh Circuit Case Will Test DOJ’s Broad Reading of FCPA
The Foreign Corrupt Practices Act (FCPA) prohibits the bribing of foreign officials. While that may seem like a straightforward concept, previous posts on this blog have shown that the precise definition of who constitutes a “foreign official” has long been the subject of much uncertainty, debate, and litigation. The FCPA defines a “foreign official” as… Read More
Founding Partner Jeff Ifrah: Why the DOJ Settlement With Poker Stars is a Win-Win
When online gaming is successful, Ifrah says, players participate in all aspects of the industry – including in the casinos. This is a great development for the gaming industry and great for business and for the nation’s economy
Insider Trading Defendant’s Decision to Take the Stand Doesn’t Prevent Conviction
In electing to testify in his own defense at his federal criminal trial for insider trading, hedge fund operator Doug Whitman made a decision that no other defendants in similar recent prosecutions had chosen. He was still convicted on all counts by a jury, just as were the other defendants who did not take the… Read More