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White Collar and Enforcement Outlook 2025

With 2025 underway, the ArentFox Schiff White Collar team highlights the US Department of Justice’s (DOJ) new enforcement priorities and two cases pending before the US Supreme Court that could have sweeping implications for...more

Eleventh Circuit Makes Wide-Ranging Ruling on Application of Co-Conspirator Hearsay Exception

Last week, the Eleventh Circuit held that a conspiracy need not be unlawful to introduce co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E), reversing the district court’s exclusion of certain statements....more

Sentencing Commission Proposes Amendment to Limit ‘Acquitted Conduct’

On Wednesday, April 17, the US Sentencing Commission dramatically restricted consideration of so-called “acquitted conduct” when courts determine criminal sentences under the Guidelines Manual. The guidelines that...more

4/30/2024  /  Criminal Defense , Fraud , New Rules , SCOTUS , Theft

“Convergence” Element of Wire Fraud On Thin Ice?

On August 7, 2023, the US Court of Appeals for the Third Circuit became the most recent federal appellate court to reject the argument that a wire fraud conviction requires the government to establish that the entity that was...more

Third Circuit Distinguishes "Bad Acts" From "Crimes" In Reversing False Statements Conviction for Lack of Materiality

The concept of materiality is critical in criminal fraud and false statement cases, as well as civil fraud cases, because it is what distinguishes harmless misrepresentations from consequential ones. A misrepresentation is...more

12/3/2021  /  False Statements , Prior Bad Acts

Recent Case Developments Indicate Increased Judicial Scrutiny on China Initiative Prosecutions

In November 2018, then-Attorney General Jeff Sessions launched the Department of Justice’s (DOJ) China Initiative, to prevent, combat, and prosecute theft of intellectual property, technology, trade secrets, and other...more

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