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Investigations Posts
Even Governors Go To Jail
Jan 6, 2015
Even Governors Go To Jail
Photo Credit: Steve Helber, AP This afternoon, the long-running saga of Robert McDonnell came to what may be the end (not counting appeals) when the former Virginia Governor was sentenced to serve two years in prison after a jury convicted him of bribery while in office. As with many cases, this one has lessons to…
Remote Search Warrants and the Continued Threat to Privacy Rights
Dec 1, 2014
Remote Search Warrants and the Continued Threat to Privacy Rights
What were you doing Wednesday, November 5, 2014? If you are a staunch Republican, you might have been toasting the election results from the day before, dreamy-eyed and dancing. If you are a staunch Democrat, you might have been scratching your head profusely, thunderstruck and quiet. People across the country were talking politics and policy…
Where to Draw the Line With Undercover FBI Operations
Nov 13, 2014
Where to Draw the Line With Undercover FBI Operations
Several news publications have been making much ado about a tactic the FBI used in 2007 to locate an individual suspected in a series of bomb-threats to Washington state high schools. The FBI created a fake news article, falsely representing it as an Associated Press publication, and sent a link to the suspect’s MySpace account….
FATCA: Trapped by the Land of the Free?
Sep 3, 2014
FATCA: Trapped by the Land of the Free?
The Foreign Account Tax Compliance Act (FATCA) has been billed as the U.S.’s bold effort to go after tax dodgers and cheats. The picture painted is that of greedy rich people secreting their fortunes in offshore accounts and away from poor Uncle Sam. But this is not a fair representation of FATCA’s impact or reach….
Bitcoin Equal to Money According to District Court Ruling
Aug 12, 2014
Bitcoin Equal to Money According to District Court Ruling
Is it possible to commit money laundering with virtual currency? At least one federal judge thinks so. Last month, U.S. District Judge Katherine Forrest refused to dismiss a money laundering charge premised on the use of a Bitcoin-based payment system. She is the first federal judge to hold that the federal money laundering statute is…
The Right to Remain Silent Does Not Extend to Computer/Phone Passwords
Jul 8, 2014
The Right to Remain Silent Does Not Extend to Computer/Phone Passwords
Recently the Massachusetts Supreme Judicial Court ruled that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence without violating the defendant’s constitutional rights. This is an increasingly prevalent issue that has divided courts across the country and may be presented to the United States Supreme Court…
Mock Twitter Account Raid Results in Marijuana Arrest
May 27, 2014
Mock Twitter Account Raid Results in Marijuana Arrest
Last month police raided the home of an Illinois man who created a parody Twitter account of his city’s mayor. No charges were brought against the man because the prosecutor determined that no crime had been committed, however the man’s roommate has been indicted for possession of marijuana that was found during the overzealous raid…
SEC Takes Proactive Approach to Cybersecurity
May 13, 2014
SEC Takes Proactive Approach to Cybersecurity
Last month, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) formally announced its cybersecurity initiative in a Risk Alert. The initiative followed up on OCIE’s announced prioritization of cybersecurity preparedness as part of its 2014 Examination Priorities. The initiative is also timely because the general public is becoming more conscious…
Zealous Counsel or Unethical Social Media Maven – How Far Can a Lawyer Go?
May 9, 2014
Zealous Counsel or Unethical Social Media Maven – How Far Can a Lawyer Go?
Social media has opened a Pandora’s box of information about just about everyone today, including jurors, witnesses, opposing counsel, defendants and plaintiffs. As lawyers we want to leave no stone unturned in pursuing a client’s interest, but just how far can we go without jeopardizing our case? For instance, can counsel (or someone acting at…
Are High Frequency Traders Playing Fast and Loose With the Rules?
Apr 18, 2014
Are High Frequency Traders Playing Fast and Loose With the Rules?
When high frequency trading (HFT) first crept into the public consciousness, it related to primarily to the question of whether rapid, computer driven trading posed risks to the safety and stability of the trading markets. Now it appears that HFT may have also been a means for some traders to gain a possible illegal advantage….
