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INDEX for Seventh Circuit Update for White Collar Litigation
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No Criminal Restitution in Mortgage Fraud Scheme Where Lending Bank Acted Recklessly

 

Locke Lord Cleared of Civil RICO Conspiracy with Clients RICO Conspiracy with Clients

 

Sentencing Commission May Weigh in on Individual Cases

 

Federal Preemption of Common Law Claims involving Securities Transactions

 

Trial Court Must Instruct Jury on Meaning of Regulation underlying a Criminal Charge; Reading the Regulation’s Text is Insufficient

 

Criminal Prosecution of Employee Barred by Government’s Loss in Civil Case Against Company

 

NCAA Athletes Lose Bid as Paid Employees; Concurrence Keeps Door Open for Revenue Sports

 

No-Loss Sentence May Result from Superseding Fraud

 

Caution to Snooping Spouses:  Intercepting Your Significant Others’ Emails is a Federal Wiretap Offense

 

Federal and Illinois DBE Programs Ruled Constitutional – Fraud Exposure Remains for Contractors Struggling to Comply

 

FCA Theory of “Implied False Certifications” Takes a Hit

 

Immediate Payment of Full Criminal Restitution Required Despite Apparent Language to the Contrary

 

Obstruction-of-Justice Sentencing Enhancement for Defendant’s Testimony Continues to Exact “Trial

Penalty”

 

Courts Are NOT Limited by Rule 6(e) in Allowing Disclosure of Grand Jury Materials

 

Victim Cannot Waive Right to Restitution under MVRA

 

Whistleblower’s Pleading of Personal Expertise Not Sufficient to Support FCA Claims 

 

Agreement to Recommend a “Within-Guidelines” Sentence Allows the Government to Ask for High End of the Range

 

Chambers v. Mississipi Lives 

 

Judge’s Erroneous Ex Parte Communications with Jurors Does Not Warrant Reversal

 

Adverse Inference Triggered by Letter Immunity in Prior Criminal Matter – Are Proffer Letters Next?

 

Blago Horseracing Case Makes It Harder to Sustain Civil RICO Claims:  “Continuity” Requirement Not So Easily Satisfied

 

Flipper in Beau Brindley Case Gets a Second Chance at Full Benefit for Cooperation Despite Brindley’s Acquittal

 

Increase in Sentence After Defendant’s Successful Appeal of His Sentence is Strangely OK

 

Sentencing Judge’s Commentary on Social Unrest, Protests against Police, and General Decay of Defendant’s Neighborhood Improperly Blamed Defendant for Society’s Ills

 

Beware the Appellate Waiver . . . Again

 

The Continued Demise of Rule 11(c)(1)(C) Plea Agreements: A Sentencing Court’s Unarticulated Rejection of the Agreement is Effectively Unreviewable

 

The Cart-Before-The-Horse Problem of Challenging Agency Investigatory Subpoenas Based on Lack of  Agency Jurisdiction

 

“Sophisticated Means” in Tax Fraud Cases:  Almost Anything Counts, even a False 1099

 

Silvern:  Reversal for a Deviation from Silvern Instruction Requires Precise Objection at Trial – It Is Not Enough to Ask for a Mistrial

 

Court Disqualifies Judge Der-Yeghiayan from Legacy INS Case; Mandamus is Usual Route for Review of Recusal Motion