Account

Sign in to access your account and subscription

The Importance of 'Particulars' in Criminal Fraud Cases

This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.

11 minute read April 01, 2020 at 12:03 AM
By
Elkan Abramowitz and Jonathan Sack
The Importance of 'Particulars' in Criminal Fraud Cases

The indictment against your client reads in relevant part as follows: "In or about and between January 2019 and February 2020, the defendants, JOHN DOE and JANE DOE, co-owners of Acme Technology Co., made materially false and misleading statements and omissions to investors regarding, among other things, (i) the current and future revenues of Acme; (ii) the sales forecasts for Acme's main product; (iii) the amount of debt on Acme's balance sheet; and (iv) the executive compensation owed to the defendants."

This premium content is locked for Business Crimes Bulletin subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN Business Crimes Bulletin

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

AI claims are getting more scrutiny and regulators are looking more closely at whether organizations can substantiate what they say their AI does, while courts are beginning to address what happens when AI-generated search summaries get information wrong.

November 01, 2026

This is the second in a two-part series on AI-driven crises. Part 1 examined communications during an incident while the facts are still developing. Part 2 addresses crisis plans, governance and tabletop exercises before an agent acts on behalf of the business.

November 01, 2026