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Investigations Posts
Going…Going…Ghosn
May 22, 2020
Going…Going…Ghosn
While much of the focus on the Japanese prosecution of high-profile executive Carlos Ghosn has been on his spectacular private jet escape from Japan while hidden in an instruments case, his prosecution actually raises much more profound issues about white collar criminal prosecution in Japan and in the United States. Ghosn is an indisputably talented…
Death by a Thousand Cuts
May 8, 2020
Death by a Thousand Cuts
When legal scholars look back at the failed Flynn prosecution, they will not be able to pin the dismissal on a single deficiency or legal principle, but if they are fair they will recognize a small case that was plagued with innumerable flaws. The DOJ Motion to Dismiss, filed in the rarified air of a…
Videoconferencing to the Rescue
Apr 1, 2020
Videoconferencing to the Rescue
While the recent passage of the “Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is receiving tremendous attention because of its price tag, strategies to keep businesses and families afloat, and its hidden gems for beneficiaries like the Kennedy Center, it also has a component that is important for federal practitioners who handle criminal matters…
How White Hats Get Dirty
Mar 19, 2020
How White Hats Get Dirty
Historically, undercover operations by law enforcement would run into problematic “loyalty tests,” designed to make sure that the criminal conspirators could trust the “new guy.” Biker gangs would ask this “pledge” to beat someone up or take drugs, knowing law enforcement agencies would likely not let that happen, even in an undercover capacity. Prostitution stings…
How One Simple Meeting Presages the Future of Federal Prosecution
Sep 28, 2018
How One Simple Meeting Presages the Future of Federal Prosecution
For many years, it has been the federal government, with its multitude of prosecutorial and regulatory arms, that has been able to throw its policing weight around, causing business owners to snap to attention with a crisp salute. But as the traditional business model has morphed into clouds of technology-driven, international and multinational enterprises, this…
National Media Turns to Jim Trusty for Authoritative Opinions on the Country’s Most Important Investigations and Prosecutions
Sep 24, 2018
National Media Turns to Jim Trusty for Authoritative Opinions on the Country’s Most Important Investigations and Prosecutions
Ifrah Law partner Jim Trusty has become a staple in the national news lately: he is frequently asked to comment on the many investigations and prosecutions currently going on which involve former and current officials and operatives at the highest levels of government. With over 28 years of experience as a federal prosecutor with the…
ICOs Involving Non-Issued Cryptocurrency May Be Prosecuted Under Federal Securities Laws
Sep 19, 2018
ICOs Involving Non-Issued Cryptocurrency May Be Prosecuted Under Federal Securities Laws
This week, a federal district court in New York was the first to decide that federal securities laws may be used to prosecute fraud involving cryptocurrencies. In United States v. Zaslavskiy, Eastern District Judge Raymond Dearie held that the Securities Exchange Act of 1933 (“Exchange Act”) and Securities Act of 1933 (“Securities Act”) are broad…
How to Raise Capital Through Registration Exempt ICOs
May 15, 2018
How to Raise Capital Through Registration Exempt ICOs
The SEC has strongly indicated that initial coin offerings (ICOs) will be treated as securities, and thus must comply with various registration and disclosure requirements before being used to raise capital. Companies do have, however, several options for possible exemptions from the regulatory requirements that apply to registered public offerings. This chart outlines potential exemptions…
Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017
Mar 26, 2018
Congress Passes the Allow States and Victims to Fight Online Sex Trafficking Act of 2017
As of March 21, 2018, both chambers of Congress have approved H.R. 1865—the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA). In a rare show of bipartisanship, both Houses approved the bill with veto-proof majorities—the House by a vote of 388 to 25 and the Senate by a vote of…
SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered
Mar 2, 2018
SEC’s Updated Cybersecurity Disclosure Guidelines Leave Questions Unanswered
As previewed in our previous post, the United States Securities and Exchange Commission (“SEC”) unanimously approved new cybersecurity interpretive guidance—a format used to clarify the SEC’s views on security laws and regulations—on Wednesday of last week. The guidelines make no mention of how they affect and interplay with other regulators’ data privacy requirements, so whether…
