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Federal Criminal Appeals: Overturning an Adverse District Court Verdict: 28 U.S.C. § 1291 – Federal Rules of Appellate Procedure

Posted by Dmitry Gorin | Jul 31, 2026 | 0 Comments

A federal appeal is not a second trial. Under 28 U.S.C. § 1291, the courts of appeals have jurisdiction over final decisions of the district courts, and that single sentence controls almost everything about how a conviction gets challenged. No new witnesses. No new exhibits. The panel reads the r...

Defending Major Investment Advisors Against Advisers Act Criminal Charges 15 U.S.C. §§ 80b-6 & 80b-17 (Investment Advisers Act of 1940)

Posted by Dmitry Gorin | Jul 30, 2026 | 0 Comments

A private equity partner does not need to steal a dollar to face a criminal indictment. Under 15 U.S.C. § 80b-6, the Investment Advisers Act makes it unlawful for any adviser to engage in a transaction or course of business that operates as a fraud or deceit on a client, and a willful violation o...

Procurement Fraud & Procurement Integrity Act Violations: 41 U.S.C. §§ 2101-2107 (Procurement Integrity Act) & 18 U.S.C. § 287 (False Claims)

Posted by Dmitry Gorin | Jul 30, 2026 | 0 Comments

A defense contractor does not need to pay for confidential bid information to face federal prosecution. Under 41 U.S.C. §§ 2101 through 2107, simply obtaining another company's protected pricing or technical data before a federal contract is awarded can trigger criminal exposure, even if the info...

Near Miss Cases Under the DOJ Corporate Enforcement Policy and U.S.S.G. § 8C2.5 - How Companies Can Still Pursue Significant Federal Fine Reductions

Posted by Dmitry Gorin | Jul 25, 2026 | 0 Comments

The Department of Justice's Corporate Enforcement and Voluntary Self-Disclosure Policy (Corporate Enforcement Policy or CEP), together with the Federal Sentencing Guidelines under U.S.S.G. § 8C2.5, creates incentives for corporations that voluntarily disclose misconduct, fully cooperate with fede...

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