Tag: Fraud

November 13, 2017

The Legal Fallout For Harvey Weinstein’s Hired Hands

*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

March 17, 2014

Supreme Court Expands Whistleblower Protection

The U.S. Supreme Court recently held that Sarbanes–Oxley extends whistleblower protection, not just to employees of public companies, but to employees of private contractors and subcontractors that serve public companies. In a 6-3 decision, the Court rejected the First Circuit’s narrow construction of the statute in favor of the Labor Department’s more expansive interpretation. Now… Read More

January 31, 2014

Overstock Case Could Alter the Landscape of Price Comparison Advertising

A California court ruled earlier this month that Overstock must pay a roughly $6.8 million penalty to settle claims that the retailer “routinely and systematically” made false and misleading claims about the prices of its products on its website. If upheld, this ruling could have significant effects on how companies use price comparisons in advertisements… Read More

August 15, 2013

Was This Sentence Quite Excessive for a Bizarre Fraud Scheme?

A $3 billion fraud scheme, more farcical than dangerous and in any case doomed to fail, led to 20-year sentences in federal prison for all four conspirators. The U.S. Court of Appeals for the 2nd Circuit, however, vacated the sentences on procedural grounds, and U.S. District Judge Stefan R. Underhill of the District of Connecticut,… Read More

August 8, 2013

Did Florida Accidentally Outlaw All Smartphones?

A lawsuit recently filed by Incredible Investments, LLC, owned by entrepreneur Consuelo Zapata, alleges that the language in a recently enacted Florida law that was intended to shut down Internet cafes and slot machines has actually outlawed all mobile devices that are capable of accessing the Internet. The complaint, which seeks to have the new… Read More

July 5, 2013

Andrew Auernheimer Appeals Hacking Conviction

Earlier this week, attorneys for convicted computer hacker Andrew “Weev” Auernheimer filed their opening brief in their appeal to the U.S. Court of Appeals for the Third Circuit to have his conviction overturned. In 2010, Auernheimer’s co-defendant Daniel Spitler, who agreed to plead guilty in 2011, discovered a flaw in AT&T’s iPad user database, that… Read More

June 3, 2013

What Are the Feds Looking At? Bitcoin Industry, Stay Awake

On May 28, 2013, federal prosecutors unsealed an indictment charging seven men with allegedly operating an organization known as “Liberty Reserve,” which prosecutors allege was established for the sole purpose of creating an illegal digital currency that could be used to launder money. This is a case that anyone involved in businesses that rely in… Read More

May 20, 2013

Appeals Court Strikes Fraud Sentence for Lack of Proof by Government

The U.S. Court of Appeals for the 11th Circuit recently ruled on an issue lying at the intersection of fraud conspiracies and the U.S. Sentencing Guidelines: the government’s separate burden of proof against each co-defendant when multiple plea bargains are entered. Specifically, the 11th Circuit was addressing whether the government presented sufficient evidence to show,… Read More

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