Laws addressing the crime of money laundering are both diverse and complex. We duly note on our website at the long-tenured Houston criminal defense law firm of Hilder & Associates that “money laundering charges are complicated to prove and vary by court and judge.”
The U.S. Supreme Court in a unanimous decision ruled in Cochise Consultancy, Inc. et. al. v. United States ex rel. Hunt that qui tam relators in which the federal government has declined to intervene in civil False Claims Act (FCA) cases may rely on the statute of limitations set forth in 31 U.S.C. § 3731(b)(2) to bring a suit up to 10 years after the alleged violation.
A U.S. District Court for the Southern District of New York ruling in United States v. Connolly (16-CR-370) recently held that the government improperly "outsourced" its investigation of LIBOR manipulation to Deutsche Bank and its outside law firm and the law firm's actions were consequently "fairly attributable" to the government. The judge found a Fifth Amendment violation because the government had outsourced, relied on, and directed the bank's internal investigation, which involved compelling the defendant, a Deutsche Bank trader, to submit to an interview and cooperate with the Bank's investigation or alternatively be fired.
It’s all about reciprocity, imply officials from the U.S. Department of Justice. Play ball with us. Give our investigators timely and candid information they can use, and you will likely see some benefits coming back your way. Otherwise, well, … .
The impartiality of jurors and court officials aren't likely to weigh heavy on your mind--until you find yourself accused of a crime. Once their decisions can shape your future, you want to know they'll base those decisions on the facts of your case, not whispered discussions and personal assumptions.
Debate surrounding white collar crime – focused on probes, policies, sentencing and just about everything else – is front-of-the-menu stuff these days. In fact, we recently addressed the topic in a Hilder & Associates blog post. We noted in our May 9 entry the oft-pushed view “that favors more white collar prosecutions and convictions, especially for corporate principals.”
There has always been debate – some of it strident – surrounding the singular realm of white collar crime in America. In a discussion marked by polar-opposite opinions, competing viewpoints will passionately disagree over whether collar probes and outcomes are draconian or too lax in addressing defendants’ conduct. White collar crime exchanges seldom spotlight consensus or middle ground.
Two Houston area poker rooms and their owners have been called to show their legal cards in a fight to shut down their operations and convict their operators of felonies. Other area poker rooms are on notice - local law enforcement is betting they can shut down and lock up those who have gone all-in on a questionable legal theory allowing them to operate.