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White Collar Corner: Fraud, Executive Law § 63(12)’s summary enforcement procedures and the FCA
We previously wrote about the New York attorney general’s (NYAG) broad investigatory powers under Section 63(12) of the Executive Law. Section 63(12) allows the NYAG, on short notice and without […]
White Collar Corner: Supreme Court decides SEC “judges” were unconstitutionally appointed, leaves other questions unanswered
The U.S. Supreme Court recently ruled that Administrative Law Judges (ALJs) of the U.S. Securities and Exchange Commission (SEC or Commission) are “Officers of the United States” whose appointments must […]
White Collar Corner: New York Attorney General’s investigative powers under Executive Law § 63(12) are broad
The Legislature handed the New York Attorney General a powerful tool when it enacted Executive Law Section 63(12) to investigate civil fraud. Section 63(12) authorizes the Attorney General to investigate […]
White Collar Corner: DOJ memo suggests narrowed regulatory enforcement under President Trump
A Department of Justice (DOJ) memorandum released on Jan. 25, 2018, authored by former Associate Attorney General Rachel Brand (the Brand Memo), suggests that the DOJ will be narrowing its […]
White Collar Corner: Constitutional challenges to ALJs may get high court hearing
Administrative law judges (ALJs) at the state and federal level are sometimes the subject of legal challenges based upon the quasi-judicial nature of their job responsibilities. As executive branch officials […]
White Collar Corner: Hold the phone: the duty to preserve cellular phone data
With the proliferation and technological advances of cellular phones, the role of these devices in the workplace has evolved at a rapid pace. While five years ago it was common […]
White Collar Corner: Obtaining evidence and testimony north of the border
A recovering upstate economy and our region’s close proximity to Canada have resulted in an upsurge in international commerce. With new business comes not just economic opportunity, but the potential […]
White Collar Corner: Internal investigations and attorney-client privilege
The Supreme Court held more than 30 years ago in Upjohn Co. v. United States, 449 U.S. 383 (1981), that the attorney-client privilege applies to corporations. A federal court ruling […]
White Collar Corner: The federal money laundering statute – part II
This article is the second in a two-part series that examines federal money laundering prosecutions. Part One of the series (in the Feb. 11 edition of The Daily Record) discussed […]
White Collar Corner: What you need to know about federal money laundering statute
Financial crimes are very much on the mind of prosecutors these days. From Wall Street to Main Street, law enforcement officials have focused a keen eye on financial crimes, no […]
White Collar Corner: The importance of litigation hold instructions
A litigation hold is the suspension of a “routine document and retention/destruction policy,” which includes the preservation of emails and other electronically stored information (ESI), Tracy v. NVR, Inc., No. […]
White Collar Corner: ESI: Spoliation and obstruction of justice
Overview Destroying information, or “spoliation,” can lead to severe penalties, including imprisonment and hefty fines. The duty to preserve information, including electronically stored information (ESI), exists in all litigation in […]
Case Digests
- Second Circuit – Appellate counsel: United States v. Samuels
- Fourth Department – Pre-answer motion to dismiss: Villalba v. City of Auburn, et al.
- Court of Appeals – Office of Children and Family Services: Lawyers for Children, et al. v. NYS Office of Children and Family Services, et a.
- Fourth Department – Assault: People v. Talley
- Court of Appeals – Family Court Act: Abdoch v. Abdoch
- Second Circuit – Medicaid: Bellin v. McDonald
- Fourth Department – Family Court: Sprague v. Younes
- Second Circuit – False Claims Act: United States of America v. Amazon.com Inc.
- Fourth Department – Notice of claim: Jarrod W.S. v. Jordan-Elbridge CSD, et al.
- Western District Case Notes
- Second Circuit – Distribution of a controlled substance: United States v. Parasmo
Law News
- Convictions reversed over illegal NY State Police search
- NY judge rejects motion to collect on Iowa court judgment
- Bronx prosecutor misses filing deadline by 12 seconds
- Second-degree murder count reversed, leaving first-degree conviction
- Court of Appeals ends foster care program
- Experts highlight tax and regulatory changes
- NY appeals court reinstates robbery indictment
- Court of Appeals affirms convictions despite tainted transcript
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