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On March 8, 2024, the United States Court of Appeals for the Second Circuit issued an opinion reversing the dismissal of the three top counts in the indictment of Brian Benjamin, New York’s then-sitting Lieutenant Governor: federal programs bribery (in violation of 18 U.S.C. §666(a)(1)(B)), honest services wire fraud (in violation of 18 U.S.C. §§1343 and 1346), and a conspiracy to commit those crimes. See, United States v. Benjamin, 95 F.4th 60 (2024). These bribery charges all stemmed from allegations that in exchange for campaign contributions that Harlem real estate developer Gerald Migdol made to Benjamin’s unsuccessful campaign for New York City Comptroller, Benjamin agreed to use, and did use, his power as a sitting state senator in an effort to direct state funds to a non-profit organization Migdol ran.
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DOJ’s Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
By Randy S. Grossman, Kareem A. Salem and Kayla LaRosa
DOJ’s Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
The State of Supreme Court Jurisprudence On Public Corruption
By Carrie H. Cohen and Allison M. Magnarelli
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
Defending Against Extradition to the United States
By Robert J. Anello and Richard F. Albert
The arm of U.S. extradition law is long. Fortunately, practitioners have defenses at their disposal that they may raise in the requested country’s courts to help either limit the scope of prosecution once extradition occurs, or to prevent it altogether.
New DOJ Self-Disclosure Pilot Program Increases Risk for Startups
By Jonathan Fahey, Jonathan P. Lienhard and Oliver Roberts
The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.
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