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Investigations Posts
Is Unsealing False Claims Act Complaints the Right Answer?
Aug 3, 2011
Is Unsealing False Claims Act Complaints the Right Answer?
Companies should make vigorous efforts to unseal civil False Claims Act complaints against them earlier in the process in an effort to achieve better results, argues Michael K. Loucks, a former acting U.S. attorney for the District of Massachusetts who is currently a Boston-based partner in a major law firm. Loucks also co-authored a post…
Court: Prosecutors Need to Probe Witness’s Veracity When Challenged
Jul 25, 2011
Court: Prosecutors Need to Probe Witness’s Veracity When Challenged
On June 17, 2011, the U.S. Court of Appeals for the 7th Circuit ruled in United States v. Freeman that federal prosecutors in criminal cases have an affirmative duty to investigate the viability of a defense challenge regarding whether a cooperating witness could be lying on the stand. This requirement, as expressed in this new…
Massachusetts Cracks Down on Gambling at Internet Cafes
Jul 15, 2011
Massachusetts Cracks Down on Gambling at Internet Cafes
Last month, citing evidence that illegal gambling was going on at “Internet cafés” throughout the state, Massachusetts Attorney General Martha Coakley issued a new permanent regulation banning gambling at such places. The regulation bans the operation of establishments “where a gambling purpose predominates over the bona fide sale of bona fide goods or services” – in…
Feds Should Think Twice About Regulating For-Profit Colleges
Jul 13, 2011
Feds Should Think Twice About Regulating For-Profit Colleges
Business is booming at America’s for-profit colleges. With steady high unemployment rates, many of the job-hungry have opted to pursue higher or specialized degrees in an effort to make themselves more marketable. Pricy for-profit institutions, like the 400,000 strong University of Phoenix, are flourishing with this increased demand as students flock to their courses to…
New Guidelines Expand FBI’s Powers to Abuse Citizens’ Freedom
Jul 7, 2011
New Guidelines Expand FBI’s Powers to Abuse Citizens’ Freedom
New updates to the FBI’s agent manual, the Domestic Investigations and Operations Guide (DIOG), greatly expand the FBI’s powers to search for information relating to groups or individuals who are not suspected of wrongdoing. The DIOG, which has been described as a collection of procedures, standards, approval levels, and explanations, to be used by FBI…
Good-Faith Rule Applies to Document Destruction
Jun 20, 2011
Good-Faith Rule Applies to Document Destruction
Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the opponent could have used as evidence. A recent decision in the Eastern District of Virginia serves as a…
Black Friday Chills Legislative Momentum in Nevada and Elsewhere
May 25, 2011
Black Friday Chills Legislative Momentum in Nevada and Elsewhere
Just a couple of months ago, there was considerable optimism after the introduction of an interactive-gaming bill in the Nevada legislature that that state could be the first to legalize online poker. However, in the wake of last month’s “Black Friday” indictments, it now appears that the optimism was premature. The state legislature is clearly…
Federal Indictment in Maryland Reflects Continuing Crackdown on Gaming
May 24, 2011
Federal Indictment in Maryland Reflects Continuing Crackdown on Gaming
The U.S. Department of Justice is continuing its crackdown on the online gaming industry. On May 23, 2011, the U.S. attorney for the District of Maryland unsealed an indictment that charged several poker and gambling sites with illegal gambling and money laundering. Those indicted were ThrillX Systems, Ltd., d/b/a BetEd; Darren Wright; and David Parchomchuk,…
Barney Frank’s Advice to Poker Players After ‘Black Friday’
May 9, 2011
Barney Frank’s Advice to Poker Players After ‘Black Friday’
In the wake of the catastrophic consequences of last month’s “Black Friday” for online poker players in the United States, many players are wondering about their next step. Pocketfives.com recently interviewed Congressman Barney Frank and although he agreed that is “difficult to figure out what to do,” he still had some concrete advice for the…
Bank Hit With FCA Complaint Over Mortgage Lending
May 3, 2011
Bank Hit With FCA Complaint Over Mortgage Lending
On May 3, 2011, the U.S. Department of Justice filed a civil case against Deutsche Bank, Germany’s largest bank, asserting that Deutsche Bank was liable for more than $1 billion to the U.S. government for its statements and actions during the mortgage meltdown of the last few years. This case is one of the few…
