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Articles by Edward M. Waddington
Is It Lay or Expert? Superior Court Has an Opinion (Maybe a Wrong One) | The Legal Intelligencer
Lay opinion testimony is tolerated because, frankly, it is hard to find the line between fact and opinion (“she is tall,” “they appeared drunk,” “the car was way over the speed limit”) and because lay witnesses should be comfortable speaking in normal, conversational, easily understood terms. To ensure there is a foundation for the opinion rather than mere speculation, there is the testing device of cross-examination.
DOL's Retirement Security Rule Imposes New Fiduciary Standards on Financial Services, Insurance Industries
The investment landscape has changed over time, and the U.S. Department of Labor (DOL) is intent on changing its regulatory scheme along with it. According to the IRS, in 2020 about 5.7 million Americans rolled a total of $618 billion from retirement plans such as 401(k)s into IRAs. That was approximately double the $300 billion rolled over a decade earlier.
Calculating the Cost of Crime: The Significance of Loss Determination in White-Collar Federal Cases
Accurately determining the financial losses in white-collar federal criminal matters is vital to all parties as the loss may impact court-ordered restitution and the length of any incarceration imposed by the court. The guidelines manual issued by the U.S. Sentencing Commission (often referred to as the federal sentencing guidelines), first enacted by the U.S. Congress in 1987 provides recommendations that judges may consider when imposing a sentence.
Understanding the Criminal Tax Plea Agreement
White collar defense attorneys and accountants engaged to assist in investigations conducted by the IRS Criminal Investigation Division are familiar with these words: “… the tax loss … is … $550,000 to $1,500,000 …” These, or comparable words, routinely appear in guilty plea agreements entered into with the United States by defendants and their attorneys in which the defendant admits to violating a criminal provision of the Internal Revenue Code.
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