LexisNexis® Legal Newsroom
Supreme Court Reminds that Judges Should Not Participate in Plea Negotiations

In United States v. Davila , ___ U.S. ___, 2013 U.S. LEXIS 4541 (2013) [ enhanced version available to lexis.com subscribers ], a criminal tax case, here free version , decided June 13, the defendant was charged with multiple counts of tax fraud and conspiracy. As is typical, the Government indicated...

2d Circuit Majority and Concurring Opinions of Fraud and Sentencing

In United States v. Corsey , ___ F.3d ___, 2013 U.S. App. LEXIS 14897 (2d Cir. 2013), here free version , [ enhanced version available to lexis.com subscribers ], a per curiam decision, the Second Circuit opens its opinion: This appeal principally raises two issues: (1) whether the misrepresentations...

Insurance Fraud Scheme Charged as Conspiracy: Cop Guilty Of Extortion In Auto Fraud

Insurance fraud is not a charge prosecutors like. Although it is an easy crime to prove since all it requires is a single document used with an intent to defraud an insurer, prosecutors prefer to deal with more complex issues and criminal charges. An example of how simple insurance fraud charges were...

Criminal Asbestos Case Against Tennessee Salvage Company

By E. Lynn Grayson U.S. District Judge Ronnie Greer sentenced five people to prison terms in federal court in Greeneville, Tennessee, this week for conspiring to commit Clean Air Act offenses in connection with the illegal removal and disposal of asbestos-containing materials at the former Liberty...

RICO Marquee spotlights

D.C. Circuit to Decide Scope of Judges’ Authority in Approval Process for Deferred Prosecution Agreements

A federal judge exceeded his authority when he rejected a deferred prosecution agreement (DPA), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], entered into earlier this year by the U.S. Department of Justice (DOJ) and a Dutch aerospace company, the DOJ and company...

Department of Justice’s Pursuit of Individual Criminal Liability for Corporate Misconduct: The Yates Memo

By Frank E. Sheeder Cooperation credit is a critical issue for corporations that become embroiled in investigations or enforcement activity. In both the criminal and civil contexts, it is the only way to mitigate the financial impact of corporate wrongdoing. It can mean the difference between surviving...