3/19/2026 6:58:50 PM The White Collar Appeal: The Ninth Circuit Joins the Fourth Circuit in Paring Back Aggravated Identity Theft Statute By Daniel Koffmann Adelyn Curran Following shortly after the Fourth Circuit’s decision in United States v. McDonald, the Ninth Circuit in United States v. Motley also...
3/16/2026 4:14:31 PM The White Collar Appeal: Fourth Circuit Affirms Federal Witness-Tampering Conviction Based on Lie to State Law Enforcement Agents By Daniel Koffmann Michael Bloom In United States v. Ritter, the Fourth Circuit confronted whether a defendant’s lie to state investigators had the requisite federal...
2/13/2026 2:43:19 PM The White Collar Appeal: Fourth Circuit Pares Back Aggravated Identity Theft Statute By Daniel Koffmann Grace Sullivan United States v. McDonald dealt a blow to 18 U.S.C. § 1028A, the aggravated identity theft statute that carries a two-year consecutive...
2/9/2026 9:57:24 PM The White Collar Appeal: Corporate Cooperation Documents Produced to Grand Jury Not Subject to FOIA By Daniel Koffmann Thomas Chafin The Ninth Circuit recently rejected an attempt to use FOIA to obtain documents that Volkswagen produced in connection with the Dieselgate...
1/20/2026 11:58:10 AM The White Collar Appeal: Seventh Circuit Refines Section 666 Analysis Following Supreme Court’s Snyder Decision By Daniel Koffmann JoAnne Wicki Revisiting Section 666 jury instructions that the Supreme Court’s 2024 Snyder decision called into question, the Seventh Circuit affirmed...
1/15/2026 10:21:59 AM The White Collar Appeal: Eleventh Circuit Vacates Sentence Based on the Distinction Between “Conspiracy” and “Jointly Undertaken Criminal Activity” By Daniel Koffmann Grace Sullivan United States v. Barry seems to set a difficult standard for the government to show “jointly undertaken activity” for purposes of the...
12/29/2025 10:12:08 PM The White Collar Appeal: Sixth Circuit Reaffirms “Willfulness” Standard for Healthcare Fraud and Vacates Restitution Orders By Daniel Koffmann Adelyn Curran Despite a plainly erroneous “willfulness” instruction, which related to the key issue at trial, the Sixth Circuit affirmed the...
12/22/2025 5:44:48 PM The White Collar Appeal: Second Circuit Enforces Grand Jury Subpoena Based on Foregone-Conclusion Exception By Daniel Koffmann Neil Phillips A recipient of a grand jury subpoena cannot assert the Fifth Amendment act-of-production privilege where it is a “foregone conclusion”...
12/22/2025 5:44:21 PM The White Collar Appeal: Seventh Circuit Reverses Bank Fraud Convictions under Plain-Error Standard By Daniel Koffmann Marielle Greenblatt Bank fraud requires submission of a false or misleading statement to a bank itself—not merely a separate fraud that results in...
12/9/2025 3:53:02 PM The White Collar Appeal: Second Circuit Affirms Conviction of Goldman Sachs Managing Director in 1MDB Scandal By Daniel Koffmann Marielle Greenblatt The Second Circuit recently rejected a number of arguments from Roger Ng, the former Goldman Sachs managing director convicted in...
12/8/2025 5:17:45 PM The White Collar Appeal: Cooperation is the Only Thing that Matters in Setting a Sentence Beneath the Mandatory Minimum By Daniel Koffmann Kiersten Whitfield A cooperating defendant can obtain a sentence below the mandatory minimum only when the value of his cooperation—as distinct from other...
12/4/2025 2:32:38 PM The White Collar Appeal: First Circuit Examines Waiver of Corporate Attorney-Client Privilege in Prosecution of Executives By Daniel Koffmann Kiersten Whitfield A corporate executive seeking to introduce evidence of the involvement of the company’s attorneys does not necessarily effect waiver, the...