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Crime in the Suites An Analysis of Current Issues in White Collar Defense

A Blog About Current Issues in White Collar Defense

Marijuana May Be Headed for a Showdown Out West
January 4, 2018

Marijuana May Be Headed for a Showdown Out West

By: Steven Eichorn
Today, Attorney General Jeff Sessions issued a one-page memo to all U.S. Attorneys that announced a sharp reversal on the DOJ’s approach to marijuana prosecutions. Under the Obama administration, the DOJ issued a memorandum in 2013 (the “Cole memo”) that basically provided a safe harbor to the marijuana industry in states that legalized recreational marijuana. The Cole memo allowed the recreational marijuana industry to thrive because it fundamentally created a no-prosecution policy in states that legalized recreational marijuana, unless they were marijuana crimes related to children, gang-related activity, and other limited exceptions. In 2013, Colorado and Washington were the first states to legalize recreational marijuana and it should increase to at least eight states and DC by the end of this year. In Colorado alone, the recreational marijuana industry accounts for over $1B in marijuana sales and has led to a growth of affiliated service businesses. People opened huge warehouses to grow marijuana in previously dilapidated areas and companies quickly developed marijuana-infused products, such as edibles and drinks. Today’s memorandum... Read more

The high-profile prosecution of the disgraced physician who treated U.S. Olympic gymnasts ended with a stern sentence but a lingering mystery regarding victim rights.  U.S. District Court Judge Janet Neff, serving in the Western District of Michigan, sentenced Larry Nassar to 60 years in prison for his possession of child pornography, as well as some… Read More

Congress is poised to deliver on tax reform this year. As part of the package, both houses are seeking to encourage the repatriation of trillions of dollars that corporations and wealthy individuals have been stockpiling offshore. For decades, corporations and wealthy individuals have been able to avoid taxes legally by transferring assets to tax-friendly jurisdictions… Read More

The Legal Fallout For Harvey Weinstein’s Hired Hands
November 13, 2017

The Legal Fallout For Harvey Weinstein’s Hired Hands

By: Nicole Kardell

*This article was first published November 9, 2017 as an Expert Analysis – Opinion piece for Law360. The revelations surrounding the Harvey Weinstein cover-up are certainly cringeworthy, but are the actions of the mogul’s hired hands actually illegal? That Weinstein allegedly exploited and victimized women is terrible (even if far too common). The fact that so many… Read More

Beginning on May 25, 2018, companies which process the personal data of European Union residents will be expected to comply with the General Data Protection Regulation, or GDPR. Even companies located in the United States are subject to this regulation, and violating its terms may result in class actions and hefty fines. If your company… Read More

SEC Continues to Focus on ICOs
October 3, 2017

SEC Continues to Focus on ICOs

By: Steven Eichorn and Jeff Ifrah

A new enforcement initiative  by the Securities and Exchange Commission, part of its proclaimed efforts to address cyber-based threats and protect retail investors, indicates that the agency is including Initial Coin Offerings (ICOs) under its broad blanket of protection. Recent actions by the agency in the case of REcoin give more clues to its position… Read More

ICOs Facing an Uncertain Future in China and the U.S.
September 7, 2017

ICOs Facing an Uncertain Future in China and the U.S.

By: Steven Eichorn

This week, in a joint statement issued by the People’s Bank of China, the securities and banking regulators, and other government agencies, the Chinese government declared that initial coin offerings (ICOs) constitute “illegal open financing behavior” and immediately froze all ICO activity.  The joint statement explained that the tokens issued in ICOs do not have… Read More

How Poking the Bear Gets Your Assets Kicked
August 23, 2017

How Poking the Bear Gets Your Assets Kicked

By: James Trusty

For many decades, the 4th Circuit Court of Appeals was viewed as a very conservative place, where prosecutors were usually quite comfortable with the status quo, a largely “law and order” kind of venue.  During the Obama presidency, the Court’s makeup changed dramatically, with a batch of younger, more liberal judges joining the “old guard”… Read More

While the endless portrayal of jury trials in media might indicate otherwise, trials are actually quite rare in the U.S. criminal justice system. With 97% of federal cases ending in pleas, the Atticus Finch conception of American justice has been largely confined to books. Ordinarily, when an accused enters into a plea agreement, he waives… Read More

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