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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

When a U.S. magistrate judge in the District of Columbia issued his ruling in Federal Trade Commission v. Bisaro on July 13, 2010, permitting limited discovery of certain FTC officials regarding an agency subpoena, it had been more than three decades since the D.C. Circuit had found that “extraordinary circumstances” were present that warranted discovery in a subpoena enforcement action. Subpoena enforcement proceedings are typically “summary procedures.” However, upon a finding that extraordinary circumstances exist, the court may order limited discovery to ensure that enforcement of the subpoena would not amount to an abuse of process. In opposing the FTC’s petition to enforce a subpoena requiring him to testify under oath, Paul M. Bisaro, CEO of Watson Pharmaceuticals, moved to compel limited discovery on whether the FTC was acting with an improper purpose in issuing the subpoena. Bisaro argued that the FTC had acted outside the scope of its regulatory and enforcement authority by using the subpoena to pressure Watson to enter a deal with another generic pharmaceutical company. U.S. Magistrate Judge... Read more

Jeff Ifrah, author of this blog, was interviewed today for the Legal Pulse, an online publication of the Washington Legal Foundation. In the interview, Jeff discusses cooperation with the government, federal sentencing, health care fraud, and other current issues in white-collar crime. The interview can be found here

On July 14, 2010, the Electronic Frontier Foundation (EFF), a group that defends the privacy and online rights of computer and Internet users, served a motion to quash two dragnet subpoenas issued by the plaintiffs in a high-profile New York state court case to Internet service providers (ISP’s) Google and Yahoo. The subpoenas demanded the identities… Read More

The below article is reprinted with permission from the July 19, 2010, issue of the National Law Journal. Copyright 2010 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved. By A. Jeff Ifrah and Rachel Hirsch July 19, 2010 This summer, Richard Berger will be resentenced by a court that now… Read More

A recent filing in the U.S. District Court for the District of Columbia uncovered a sidelight to the story of the botched prosecution of former Sen. Ted Stevens (R-Alaska). In April 2009, U.S. District Judge Emmet Sullivan set aside the verdict in the criminal case against Stevens and dismissed the case on the grounds of… Read More

January 2010 saw the dramatic arrests of 22 individuals in the military and law enforcement equipment industry – in several companies and at various levels of responsibility – for alleged Foreign Corrupt Practices Act violations involving payments to an alleged sales agent for an unnamed African nation, later identified as Gabon. The arrests took place… Read More

The Wall Street Journal has just reported that the National Security Agency is planning to deploy electronic “sensors” in the private computer networks of major companies around the nation. The idea is to detect cyber-attacks by outside forces against companies involved in critical infrastructure like electric or nuclear plants. Cyber-terrorism is a real threat, and… Read More

On July 6, 2010, the U.S. Department of Justice filed a lawsuit seeking to prohibit the enforcement of the controversial new anti-immigration law passed by the state of Arizona in April. See, for example, the helpful summary in the blog of Legal Times.  DOJ is seeking declaratory and injunctive relief to prohibit the enforcement of… Read More

The highly regarded British publication The Economist has just published an interesting article that strongly makes the case that poker is a game of skill, not a game of chance. The article notes that poker is, of course, big business these days, pointing to a consultant’s estimate that the online poker market amounts to $4.9… Read More

A recent Bloomberg News article points to a disturbing trend – a dramatic increase in ultimately unsupportable white-collar federal indictments. In recent years, a growing number of executives have been indicted for corporate crimes and then had the charges dropped. From 2006 to 2008, the most recent period available, U.S. prosecutors dismissed charges against 42… Read More