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Features

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments Image

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments

Michael L. Cook

In <i>Stoebner v. Opportunity Finance, LLC</i>, the U.S. Court of Appeals for the Eighth Circuit held that “… Ponzi scheme payments to satisfy legitimate antecedent debts to defendant banks could not be avoided” by a bankruptcy trustee “absent transaction-specific proof of actual intent to defraud or the statutory elements of constructive fraud — transfer by an insolvent debtor who did not receive reasonably equivalent value in exchange.”

Features

Mystery Subpoena Case at High Court Could Expand U.S. Authority Image

Mystery Subpoena Case at High Court Could Expand U.S. Authority

Peter B. “Bo” Rutledge & Amanda W. Newton

Rare Supreme Court holiday activity and ongoing news coverage about special counsel Robert Mueller's investigation has drawn much attention to the enigmatic case of <i>In Re Grand Jury Subpoena</i>. The matter is unremarkable, presenting familiar issues of international litigation. Upon further examination, however, the case may have the potential to expand the authority of United States courts over foreign states and their agencies or instrumentalities.

Columns & Departments

In the Courts

Colleen Snow

New Charges in Insurance Corporation of Barbados Limited Bribery Case

Columns & Departments

Business Crimes Hotline

Colleen Snow

Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits

Columns & Departments

Business Crimes Hotline

Colleen Snow

Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits

Features

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy Image

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy

Jonathan B. New & Elias D. Trahanas

Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are "partners, not adversaries." DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.

Features

Sticking a Hand in the Internet Cookie Jar Image

Sticking a Hand in the Internet Cookie Jar

Jeffrey Higel, Michael Bahar & Mike Nelson

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…

Features

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise Image

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise

Phillip Bantz

The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.

Columns & Departments

In the Courts

Dennis Mahoney

Fifth Circuit Reverses Ponzi Funds Ruling

Columns & Departments

Business Crimes Hotline

Dennis Mahoney

Head of International NGO Convicted of Bribery, Money Laundering Crimes

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