Your Fingerprint is Now the FBI’s Key to Your Phone

Remember the big fight about whether the FBI could force Apple to unlock a terrorist’s iPhone? Old news. Biometric identification on new iPhones and Androids – fingerprint sensors, iris scans, etc. – provide a new means by which law enforcement can force you to unlock your phone. As reported by Law360, this week a federal district ...

A $42M Phone Call: Grand Jury Subpoena? Call Your Insurer Now.

The headline reads: “LA Hospital’s Late Notice Sinks $42M FCA Deal Coverage.” The pleadings show that the hospital in question did not notify its insurer of a DOJ False Claims Act investigation for more than a year after the first grand jury subpoena was received. When the hospital entered into ...

Is Your Company’s Lawyer a Gov’t Agent?

What happens when the feds tells you how to do your internal investigation? As Law360 reports, a court in New York is examining that very question and an entire criminal case related to the Libor-rigging scandal hangs in the balance. In the case of U.S. v. Connolly et al., case number 1:16-cr-00370, in the Southern ...

Cryptocurrency Enforcement Heating Up

Yesterday the Commodity Futures Trading Commission (CFTC) announced that it had sued and seized the assets of a somewhat obscure cryptocurrency, known as My Big Coin. The CFTC alleges that the creators of My Big Coin misappropriated “over $6 million from customers by, among other things, transferring customer funds into personal bank ...

Manafort Case: Attorney/Client Privilege Not Sacred. Warn Your Clients.

Monday’s unsealed indictment of Paul Manafort by Special Counsel Robert Mueller set off fireworks for all the obvious reasons. But perhaps most interesting to those of us who practice white collar criminal defense is the ruling by Chief Judge Beryl A. Howell of the U.S. District Court for the District of ...

Paying Cash? The Feds Want to Know.

Paying cash for your home or property? The Government wants to know all about you. Even if you’re paying via a wire or other electronic transfer. Continuing its efforts to combat money laundering, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) this week expanded its “geographic targeting orders” that were in effect ...

Important Report from SEC Regarding Digital Assets

The Securities and Exchange Commission issued an investigative report today cautioning market participants that offers and sales of digital assets by “virtual” organizations are subject to the requirements of the federal securities laws. Such offers and sales, conducted by organizations using distributed ledger or blockchain technology, have been referred to, ...

Interviewed by Daily Journal re Trial Strategy in Public Corruption Trial

I was interviewed by the California Daily Journal about trial strategy and tactics.  In a seven-month public corruption prosecution in San Bernardino, the defense chose to rest after half a day of evidence that included no witnesses. The brevity of the defense reflected a belief that the prosecution did not meet ...

DOJ Handicaps Corporate Health Care Fraud Strike Force

According to a report published today, the DOJ’s Health Care Corporate Strike Force is a shell of its former self under the new administration. The report notes that the highly specialized group of prosecutors in Washington was dedicated to “working on . . . the most complex corporate fraud cases ...