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 Overview A cooperating defendant can obtain a sentence below the mandatory minimum only when the value of his cooperation—as distinct...
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...
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Appeal: Ninth Circuit Vacates Guilty Verdict Due to Coercive Allen Charge By Daniel Koffmann Marielle Greenblatt In a nonprecedential decision, the Ninth Circuit vacated a jury verdict after the district court allowed the jury to review a copy of the...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...