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Articles by Daniel Koffmann
The White Collar Appeal: Three Recent Decisions from the Fourth and Ninth Circuits Reach Divergent Outcomes in Juror Bias Claims
The Sixth Amendment’s guarantee of an impartial jury is settled doctrine, but the procedural mechanics, such as when bias must be raised, who bears the burden of proof, what the trial court must do, and how appellate courts review what it did, remain a moving target. In United States v.
Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal
Bank fraud requires the submission of a false or misleading statement to a bank itself - not merely a separate fraud that results in the disbursement of funds from a bank... To view the full article, register now.
Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal
By Daniel Koffmann and Marielle Greenblatt ( January 20, 2026, 4:50 PM EST) -- Bank fraud requires the submission of a false or misleading statement to a bank itself - not merely a separate fraud that results in the disbursement of funds from a bank - according to the U.S. Court of Appeals for the Seventh Circuit's Dec. 15 decision in U.S. v. Robinson.... Law360 is on it, so you are, too.
The White Collar Appeal: Second Circuit Affirms Conviction of Goldman Sachs Managing Director in 1MDB Scandal | JD Supra
The Second Circuit recently rejected a number of arguments from Roger Ng, the former Goldman Sachs managing director convicted in connection with the 1MDB Malaysian investment fund scandal. Most significantly, the court rejected Ng’s arguments that (1) the Rule of Specialty forbade the government from obtaining a superseding indictment after Ng’s extradition from Malaysia and (2) the $35 million forfeiture order was unconstitutionally excessive under the Eighth Amendment.
The White Collar Appeal: Cooperation is the Only Thing that Matters in Setting a Sentence Beneath the Mandatory Minimum | JD Supra
A cooperating defendant can obtain a sentence below the mandatory minimum only when the value of his cooperation—as distinct from other sentencing factors—justifies it, according to the Eleventh Circuit’s decision in United States v. Perez. A government motion under Section 3553(e) does not give the district court unfettered discretion to impose sentence based on the traditional factors under Section 3553(a).
The White Collar Appeal: First Circuit Examines Waiver of Corporate Attorney-Client Privilege in Prosecution of Executives | JD Supra
A corporate executive seeking to introduce evidence of the involvement of the company’s attorneys does not necessarily effect waiver, the First Circuit recently held in United States v. SpineFrontier, Inc. The decision followed a three-factor framework for determining whether an executive’s disclosure works a waiver of company privilege, while cautioning that courts should be reluctant to find a waiver unless it is clear that principles of logic and fairness require such a finding.
The White Collar Appeal: Eighth Circuit Addresses Meaning of “Willfulness” in Election Fraud Statutes | JD Supra
In United States v. Taylor, the defendant argued that she could not have acted willfully because she was not familiar with Iowa election laws. In doing so, she urged the court to adopt the definition of “willfulness” from Cheek v. United States, the 1991 Supreme Court decision involving tax fraud. The Eighth Circuit rejected that argument, holding that the standard of willfulness from Bryan v. United States applies to election fraud, rather than the higher standard articulated in Cheek.
The White Collar Appeal: Ninth Circuit Vacates Guilty Verdict Due to Coercive Allen Charge | JD Supra
In a nonprecedential decision, the Ninth Circuit vacated a jury verdict after the district court allowed the jury to review a copy of the indictment after it instructed the jury to continue deliberating but failed to provide a contemporaneous limiting instruction.
The White Collar Appeal: Fifth Circuit Reinstates Pump-and-Dump Indictment Based on Kousisis | JD Supra
Reversing a rare pretrial dismissal of indictment, the Fifth Circuit in United States v. Constantinescu recently clarified the elements of securities fraud under 18 U.S.C. § 1348. The district court had dismissed the indictment on the basis that it alleged a right-to-control theory that the Supreme Court rejected in Ciminelli. Following the Court’s 2025 decision in Kousisis, however, the Fifth Circuit identified a permissible fraudulent-inducement theory underlying the charges.
Courts Are Still Grappling With McDonnell, 9 Years Later
By Sign up now By Daniel Koffmann and Michael Bloom · The U.S. Supreme Court changed the landscape of federal bribery prosecutions in its 2016 decision, McDonnell v. U.S., involving the former governor and first lady of Virginia, Bob and Maureen McDonnell.[1]... To view the full article, register now.
Courts Are Still Grappling With McDonnell, 9 Years Later
By Daniel Koffmann and Michael Bloom ( October 8, 2025, 4:05 PM EDT) -- The U.S. Supreme Court changed the landscape of federal bribery prosecutions in its 2016 decision, McDonnell v. U.S., involving the former governor and first lady of Virginia, Bob and Maureen McDonnell.[1]... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Courts Are Still Grappling With McDonnell, 9 Years Later
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The White Collar Appeal: Horse-Doping Case Provides Insight on Forfeiture and FDCA Issues | JD Supra
In determining whether misbranding violations under the Food, Drug, and Cosmetic Act permit criminal forfeiture, the Second Circuit recently had to determine what exactly isa forfeiture statute. In doing so, the court identified certain concrete characteristics that will identify a forfeiture statute.
The White Collar Appeal: Second Circuit Eliminates Barriers to Prosecuting Overseas Conduct Under the Commodities Exchange Act | JD Supra
In a case of first impression in the Courts of Appeals, the Second Circuit recently examined when the government may prosecute extraterritorial conduct under the Commodities Exchange Act.
The White Collar Appeal: Seventh Circuit Considers the Continuum of “Official Acts” in Bribery Cases | JD Supra
What constitutes an “official act” for purposes of federal bribery prosecutions has continued to vex courts even after the Supreme Court’s landmark decision in McDonnell v. United States. The Seventh Circuit recently confronted this issue in United States v. Weiss, appearing to adopt a new framework for analyzing when a district court may instruct a jury that conduct qualifies as an official act.
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 | Quinn Emanuel - JDSupra
In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a defendant’s potential eligibility for a sentence reduction under the First Step Act or programs like the Residential Drug Abuse Program as a basis to impose a longer sentence. The court also rejected the district court’s forfeiture and restitution analyses, which failed to distinguish the defendant’s lawful proceeds from his ill-gotten gains. United States v.
The White Collar Appeal: Fourth Circuit Chips Away at Ciminelli, Closes Its Eyes to Cleveland | JD Supra
In the latest case seeking to identify the bounds of federal mail and wire fraud, the Fourth Circuit narrowly construed Ciminelli while glossing over longstanding Supreme Court precedent from Cleveland. In United States v.
The White Collar Appeal: Seventh Circuit Holds Spoofing is Fraud | JD Supra
“Spoofing,” or the practice of submitting buy or sell orders to trading platforms with the intent to withdraw them prior to execution, is considered fraud under the Seventh Circuit’s decision in United States v. Smith, issued Wednesday, August 20, 2025. In Smith, three former JPMorgan commodities traders argued that their spoof orders did not misrepresent an “essential element of the bargain” and therefore did not qualify as a scheme to defraud. The Seventh Circuit rejected that argument.
Dealing with ‘Diaz’: How Defendants Can Combat and Use Expert Testimony Regarding Group Mental State | New York Law Journal
The Supreme Court recently gave prosecutors a green light to prove defendants’ criminal intent vicariously, by offering expert testimony about the mental state of people “like” the defendant. At the tail end of its recent term, the court held in Diaz v.
Officially Unofficial: Who Qualifies as a 'Foreign Official' Under the Foreign Extortion Prevention Act? | New York Law Journal
Most people are familiar with the Foreign Corrupt Practices Act, which makes it a crime for U.S. citizens and residents, employees of U.S. companies, or anyone physically present in the United States to obtain or retain business abroad by paying bribes to foreign officials. For years, the FCPA has been one of federal prosecutors’ favorite tools to prosecute foreign bribery. But the FCPA criminalizes the payment of a bribe, not the receipt of a bribe.
What’s Next After the Remarkable Decision Setting Aside Guilty Verdicts In The FIFA Prosecution?
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Who You Gonna Call? Considerations for Retaining Outside Counsel to Conduct an Internal Investigation | JD Supra
When confronted with information suggesting that employees, consultants, or other business partners have engaged in serious misconduct (or to quote Ray Parker, Jr., “when there’s somethin’ strange…in the neighborhood”), most companies’ first reaction is to consult with a trusted outside firm with which the company has a long working relationship. Often that firm will be familiar with the company’s corporate transactions, management structures, culture, and compliance protocols.
US Outlook: Top Questions About Criminal And Internal Investigations Following The Coronavirus Outbreak | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOJ’s Quiet Changes to the FCPA Corporate Enforcement Policy Likely to Have a Significant Impact on Corporate Investigations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Key Takeaways from Cognizant Technology’s Improbable Receipt of a Declination from DOJ | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Representing Individuals in Interviews: The US Perspective
16.1 Introduction Companies typically undertake internal investigations to ascertain their exposure to criminal or civil liability. Because a business can act only through its employees, that necessarily entails examining the conduct of its employees. In practice, this largely means reviewing documentary evidence and interviewing company employees.
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