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This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
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August 25, 2025
This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
By: George Calhoun
Bankruptcy continues as a favored vehicle for the resolution of mass-tort claims, particularly asbestos-based claims. In two recent cases in Delaware, an often-overlooked issue has raised a red flag concerning the fairness of the trusts proposed in many of these cases. The plan proponents in those cases proposed asbestos trusts that provided that foreign claimants were not eligible for payment. It is a foundational principle of U.S. bankruptcy law, however, that the bankruptcy courts do not discriminate against claimants based on the origin of their claims. The motivation behind these exclusions appears to be a claimant-driven desire to limit competition, but that motivation is incompatible with the Bankruptcy Code. The result has been, at least in the Imerys talc bankruptcy,…
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
July 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that DNI Director Tulsi Gabbard’s referral is “old news” and “politically…
Baltimoronic Investigation
July 8, 2025
Baltimoronic Investigation
By: James Trusty
June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with that information, ICE showed up at the courthouse, was allowed…
Full Tilt Poker Remission Process for Players Expected to Begin ‘Shortly,’ and on Favorable Terms
August 2, 2013
Full Tilt Poker Remission Process for Players Expected to Begin ‘Shortly,’ and on Favorable Terms
By: Ifrah Law
More than two years after “Black Friday” – the day on which federal prosecutors shut down the U.S. operations of Full Tilt Poker and other major online poker providers and seized billions of dollars in assets – it appears that the final chapter in that enforcement action may soon be written. The Garden City Group, the entity responsible for claims administration for repayment of Full…
D.C. Circuit Clarifies Key Issue in Wake of High Court’s ‘Honest Services’ Decision
July 29, 2013
D.C. Circuit Clarifies Key Issue in Wake of High Court’s ‘Honest Services’ Decision
By: Ifrah Law
A recent D.C. Circuit Court of Appeals decision narrows the ability of the government to revisit uncharged crimes against a person whose plea has been vacated due to a change in the law. In 2007, Russell Caso had pleaded guilty to conspiracy to commit honest-services wire fraud, in violation of 18 U.S.C. §§ 371, 1343 and 1346, based on certain conduct during his employment as…
Conspirators Get Prison Time for Defrauding Small Business 8(a) Program
July 22, 2013
Conspirators Get Prison Time for Defrauding Small Business 8(a) Program
By: Jeff Ifrah
White-collar crime can involve any number of types of fraud against the government or private parties. One that isn’t usually thought about but can result in serious jail time involves conspiracies to obtain government contracts fraudulently by setting up bogus small and minority-owned businesses in order to qualify for government preferences. In the past few months in the Eastern District of Virginia, several businesspeople have…
Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements
July 19, 2013
Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements
By: Ifrah Law
A recent decision by U.S. District Judge John Gleeson in the Eastern District of New York may be the harbinger of new limits on the government’s ability to use a prosecutorial tool of which it has become very fond lately – the deferred prosecution agreement. Judge Gleeson’s assertion that a district court has a right to approve or disapprove the use of a DPA in a…
High Court Clarifies Rule on Plea Discussions in Federal Criminal Cases
July 10, 2013
High Court Clarifies Rule on Plea Discussions in Federal Criminal Cases
By: Ifrah Law
In a unanimous decision, the Supreme Court held last month in United States v. Davila that a guilty plea does not need to be automatically vacated, regardless of whether there has been prejudice to the defendant, when a magistrate judge improperly advises a defendant to plead guilty. In 2009, Anthony Davila was charged with conspiracy to defraud the United States by filing false income tax…
