11/21/2025 4:03:16 PM The White Collar Appeal: Eighth Circuit Addresses Meaning of “Willfulness” in Election Fraud Statutes By Daniel Koffmann Kai Mayer In United States v. Taylor, the defendant argued that she could not have acted willfully because she was not familiar with Iowa election...
11/14/2025 2:17:29 AM The White Collar Appeal: Ninth Circuit Vacates Guilty Verdict Due to Coercive Allen Charge By Daniel Koffmann Marielle Greenblatt In a nonprecedential decision, the Ninth Circuit vacated a jury verdict after the district court allowed the jury to review a copy of the...
11/8/2025 11:28:48 PM The White Collar Appeal: Ninth Circuit Decision in Regulatory Crime Case Raises Thorny Constitutional Questions By Daniel Koffmann Kai Mayer In a case involving dirt biking with a broken taillight, the Ninth Circuit waded into the muddy terrain of criminal enforcement of...
11/6/2025 12:24:34 AM The White Collar Appeal: Kirilyuk’s Luck Runs Out in his Second Trip to the Ninth Circuit Challenging the Meaning of “Loss” Under the Sentencing Guidelines By Daniel Koffmann Neil Phillips In 2022, a split Ninth Circuit panel vacated a 324-month sentence for credit card fraud where the district court had relied on a...
10/29/2025 4:52:57 PM The White Collar Appeal: Acquittal on Conspiracy Count Bars Retrial on Substantive Counts in Revenue-Recognition Securities Fraud Case By Daniel Koffmann Michael Bloom The Second Circuit’s opinion in United States v. Cole not only erases his fraud convictions and wipes the slate clean for Neil Cole, it...
10/22/2025 11:16:38 PM The White Collar Appeal: Second Circuit Says You Can’t Forfeit What You Never Had By Daniel Koffmann Marielle Greenblatt Weighing in on a growing circuit split, the Second Circuit in United States v. Elias recently nixed a forfeiture order that apportioned...
10/10/2025 7:56:24 PM The White Collar Appeal: Fifth Circuit Reinstates Pump-and-Dump Indictment Based on Kousisis By Daniel Koffmann Neil Phillips Reversing a rare pretrial dismissal of indictment, the Fifth Circuit in United States v. Constantinescu recently clarified the elements...
9/26/2025 8:58:49 PM The White Collar Appeal: Horse-Doping Case Provides Insight on Forfeiture and FDCA Issues By Daniel Koffmann Kai Mayer In determining whether misbranding violations under the Food, Drug, and Cosmetic Act permit criminal forfeiture, the Second Circuit...
9/12/2025 6:53:58 PM The White Collar Appeal: Second Circuit Eliminates Barriers to Prosecuting Overseas Conduct Under the Commodities Exchange Act By Daniel Koffmann Kiersten Whitfield In a case of first impression in the Courts of Appeals, the Second Circuit recently examined when the government may prosecute...
9/8/2025 5:34:32 PM The White Collar Appeal: Seventh Circuit Considers the Continuum of “Official Acts” in Bribery Cases By Daniel Koffmann Michael Bloom What constitutes an “official act” for purposes of federal bribery prosecutions has continued to vex courts even after the Supreme...
9/4/2025 7:47:30 PM The White Collar Appeal: Second Circuit Holds That Judges Can’t Increase Sentences to Offset Reductions from the First Step Act or other Bureau of Prisons Programs By Daniel Koffmann Marielle Greenblatt In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a...
9/4/2025 3:02:47 PM The White Collar Appeal: Fourth Circuit Chips Away at Ciminelli, Closes Its Eyes to Cleveland By Daniel Koffmann Kiersten Whitfield In the latest case seeking to identify the bounds of federal mail and wire fraud, the Fourth Circuit narrowly construed Ciminelli while...