(United States Second Circuit) - Affirmed in part, vacated in part. Defendant challenged his conviction for using firearms in the commission of violent crimes. Because categorizing crimes of violence cannot be done on a case-by-case basis, the defendant’s charge for using firearms in the commission of a robbery is vacated.

WHILE most players his age have jumped two or three clubs, Mitch Aubusson has stayed loyal to the Roosters and joined some exclusive company in the process.

(United States Third Circuit) - Sentence for conviction of securities fraud, 15 U.S.C. section 78j(b), and tax evasion, 26 U.S.C. section 7201, is affirmed where: 1) despite defendant's failure to register as such, he was an 'investment adviser,' as defined by the Investment Advisers Act of 1940, 15 U.S.C. section 80b-2(a)(11), and the District Court therefore properly applied the investment advisor enhancement under U.S.S.G. section 2B1.1(b)(19)(A)(iii); 2) the Government did not breach the plea agreement; and 3) the sentence is not substantively unreasonable.

(United States Fourth Circuit) - Conviction for conspiracy and obstruction of justice resulting from earnings mismanagement, improper accounting related to the sale and lease back of homes, and the deletion of emails following a grand jury subpoena is affirmed where: 1) the district court's exclusion of certain evidence related to why defendant deleted emails was not in error; 2) the district court did not err is denying defendant's motion for a mistrial on evidentiary and trial conduct grounds; and 3) the district court's method of determining the loss amount from defendant's fraud was correct.

(United States First Circuit) - Conviction for bank fraud under 18 U.S.C. section 1344 is affirmed where defendant was aware that Countrywide Bank, FSB was involved in approving the loan he sought to obtain through fraud, and so possessed the specific intent to defraud a financial institution required by the statute.

(United States Supreme Court) - In a case involving the tipper and tippee liability provisions of Section 10(b) of the Securities Exchange Act of 1934 and the Securities and Exchange Commission's Rule 10b-5, defendant's conviction of federal securities-fraud crimes for trading on inside information he received from a friend and relative-by-marriage, is affirmed where: 1) the Ninth Circuit properly applied Dirks v. SEC, 463 U.S. 646, to affirm defendant's conviction; and 2) under Dirks, the jury could infer that the tipper here personally benefited from making a gift of confidential information to a trading relative.

(United States Ninth Circuit) - In a criminal action, the district court's grant in part of defendant's motion is affirmed where evidence of uncharged transactions are not evidence of 'other' crimes under Rule 404(b), but rather evidence of a scheme to defraud that is the first element of wire fraud.

(United States Second Circuit) - Sentence for wire fraud and conspiracy to commit wire fraud related to defrauding investors in a sham diamond company are vacated and remanded where the district court erred in applying sentencing enhancements for (1) receiving gross receipts in excess of $1 million from a financial institution under U.S.S.G. section 2B1.1(b)(A); and (2) for abusing a position of trust pursuant to U.S.S.G. section 3B1.3. Conviction otherwise affirmed.

(United States Ninth Circuit) - Convictions arising from the capitalization and operation of real estate development business are affirmed where there is not a reversible plain error. The jury instruction error in this case was not 'clear and obvious' because it was not clearly required by precedent, and the error did not affect the outcome of the proceedings.

(United States First Circuit) - Conviction of illegal insider trading, after defendant received material, nonpublic information about a local bank from a fellow country club member and then used that information to make a substantial trading profit, is affirmed over defendant's claims that the government presented insufficient evidence to support the jury's verdict, and that the trial court's instructions allowed the jury to convict him without finding that he possessed the necessary mental state, as required by 15 U.S.C. section 78ff(a).

(United States Ninth Circuit) - In a whistleblower claim brought under the Dodd-Frank Act’s anti-retaliation provision, the district court's denial of the defendant's motion to dismiss is affirmed where, in using the term 'whistleblower,' Congress did not intend to limit protections to those who disclose information to the Securities and Exchange Commission. Rather, the anti-retaliation provision also protects those who were fired after making internal disclosures of alleged unlawful activity under the Sarbanes-Oxley Act and other laws, rules, and regulations.

(United States Fourth Circuit) - Sentence and conviction of various offenses arising from his leadership of schemes, wherein fraud was systematically utilized to keep his real estate empire afloat, are affirmed over defendant's claims that the prosecution presented insufficient evidence of the crimes alleged, that the trial court gave the jury an erroneous and prejudicial willful blindness instruction, and that his aggregate sentence of 216 months is substantively unreasonable.

(United States Second Circuit) - Conviction for conspiracy to commit mail and wire fraud are affirmed where over defendant's argument that disclaimers of extra-contract representations did not render salespeople's oral misrepresentations immaterial.

(United States Ninth Circuit) - Reversing the district court's dismissal of claims under the False Claims Act by realtors against their former employer who made false statements about its compliance with FDA regulations regarding certain HIV drugs resulting in the receipt of billions of dollars from the federal government and alleging retaliation against the complaining realtor, holding that the realtors adequately pled a claim for retaliation.

(United States Second Circuit) - Denying the appeal of a judge convicted of 21 counts of public-corruption-related offenses, finding that subsequent decisions narrowing the interpretation of an 'official act' within the meaning of the federal bribery statute did not result in a plain error in the district court's instructions at trial.

(United States Second Circuit) - Vacating and remanding the conviction of Sheldon Silver, former Speaker of the NY State Assembly for fraud, extortion, and money laundering, holding that the Supreme Court's decision in McDonnell rendered the district court's instructions on honest services fraud and extortion erroneous in light of McDonnell, but rejecting challenges to the sufficiency of the evidence overall.

(United States Third Circuit) - Affirming judgments of conviction, forfeiture, and sentencing based on violations of the RICO Act and federal wire fraud statutes arising from payments received in exchange for recommending to officials in towns to hire the bribing firm because New Jersey's bribery statute is not unconstitutionally vague and did not present issues with federalism.

(United States Third Circuit) - Affirming the district court's findings regarding the number of victims of a multi-million dollar real estate Ponzi scheme who suffered substantial financial hardship as defined by the US Sentencing Guidelines, but vacating and remanding because the court erred in imposing the five-year occupational restriction on his three-year term of supervised release because it exceeded the statutory maximum.

(United States Second Circuit) - Modifying orders relating to the conviction of a man for multiple counts of securities fraud, mail and wire fraud, obstruction of justice, and tax offenses because the convict's death resulted in the abatement of the counts of conviction, forfeiture, fine, special assessment , and restitution for offenses contested at trail, but the forfeiture of a bail bond did not abate, nor did the convictions and order of restitution imposed on tax counts.

(United States First Circuit) - Affirming the district court's denial of a securities lawyer's novel argument that two former stockbrokers for whom he produced false opinion letters in connection to a pump and dump scheme fell into the safe harbor provision of securities law because the stockbrokers were affiliates of the issuing company and ineligible for safe harbor and other procedural complaints were ill-founded.

(United States Fourth Circuit) - Husband and wife's convictions for health care fraud and conspiracy to engage in health care fraud under 18 U.S.C. sections 1347 and 1349, arising from a scheme to give insured patients repeated, unnecessary urine tests, are affirmed where: 1) materiality constitutes an element of the convicted offenses; and 2) even if the district court failed to consider materiality, the error was harmless.

(United States First Circuit) - Affirming the convictions and sentence of a man for conspiracy to convert government funds, conspiracy to commit money laundering, and fourteen counts of conversion of government property in the case of a man who used bank accounts he owned or controlled in order to negotiate fraudulently obtained tax refund checks.

(United States Third Circuit) - Affirming a district court denial of a motion to dismiss charges against a former US Virgin Islands senator accused of violating two criminal statutes who argued that legislative immunity barred his prosecution because although the immunity protects legislators from suit for any speech or debate in legislature the alleged wire fraud and embezzlement crimes were not legislative conduct.

(United States Fourth Circuit) - Vacating and remanding the district court's finding that defendant did not face ineffective assistance of counsel where his attorney failed to raise a significant and obvious issue on appeal of his conviction for money laundering and fraudulent investment crimes. The issue would likely have resulted in a reversal of his money laundering conviction and the Fourth Circuit remanded for further proceedings.

(United States Ninth Circuit) - Affirmed an investment promoter's conviction of mail and wire fraud and other offenses, but vacated and remanded for resentencing. On appeal, the defendant contended that the trial judge had misinstructed the jury on the elements of the crimes and also challenged the two-level organizer sentencing enhancement. The Ninth Circuit rejected his arguments concerning the jury instructions but vacated his 87-month prison sentence and the restitution order and remanded for further proceedings.

(United States Second Circuit) - Affirmed an investment firm founder's sentence for tax evasion. After pleading guilty, the firm founder was sentenced to prison and also ordered to pay restitution and a $10 million fine. On appeal, he challenged the fine, which was far higher than the amount recommended in his plea agreement. However, the Second Circuit saw no reason to overturn his sentence in any respect.

(United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed.

(United States Fourth Circuit) - Affirmed the conviction of a Norfolk, Virginia, city council member for wire fraud, extortion under color of official right, conspiracy to commit such offenses, and two counts of perjury. The charges stemmed from the council member's solicitation of bribes from local real estate developers. He raised various substantive and procedural challenges to his conviction, but the Fourth Circuit found no merit in them and affirmed.

(United States First Circuit) - Affirmed the fraud-related convictions of a man who falsely promised to provide professional legal assistance to individuals who were behind on their court-ordered child support payments. On appeal, the defendant made several claims of trial and sentencing error. The First Circuit affirmed his convictions and the order of restitution but remanded for resentencing using the proper version of the Guidelines Manual.

(United States Fifth Circuit) - Affirmed the conviction and sentence of a law firm office manager for participating in a scheme to defraud insurance companies by submitting client claims for fraudulent chiropractic treatments. The conviction was for conspiracy and mail fraud.

(United States Seventh Circuit) - Affirmed a businessperson's conviction and sentence on wire fraud and conspiracy charges stemming from a scheme to defraud manufacturers that issue coupons for consumer products. He had headed one of the nation's largest coupon processing companies.

(United States Seventh Circuit) - Affirmed the prison sentence of a defendant who pleaded guilty to wire fraud for stealing from unwary investors who sought his help in securing millions of dollars in financing.

(United States Seventh Circuit) - Affirmed a conviction for Medicaid theft, in a case where a billing manager embezzled payments that belonged to medical practice.

(United States Seventh Circuit) - Affirmed a used-car dealer's conviction for wire fraud and bank fraud in connection with his business dealings with secured lenders. Rejected his arguments regarding the sufficiency of the evidence.

(United States Fifth Circuit) - Affirmed a woman's convictions arising out of an identity theft scheme that she conducted from her home in Mexico.

(United States Ninth Circuit) - Affirmed a restitution order imposed against an owner of a medical supply company who was convicted of Medicare fraud. Held that she could be ordered to pay restitution even for losses resulting in part from conduct occurring outside the statute of limitations.

(United States Ninth Circuit) - On an issue of first impression, addressed the standard for determining the voluntariness of guilty pleas obtained through offers of leniency for third parties. Held that a man's guilty plea was voluntary even if it was made in exchange for leniency for his son, in this prosecution involving the operation of an unlawful sports betting operation.

(United States Federal Circuit) - Held that a patent claim relating to light-emitting diodes was invalid because it did not meet the enablement requirement. After a jury found that the defendants had infringed Boston University's patent, the defendants appealed on the ground that the patent was invalid because it did not adequately teach the public how to make and use the invention. Agreeing with this argument, the Federal Circuit held that the defendants were entitled to judgment as a matter of law.

(United States Federal Circuit) - Reinstated a patent infringement claim upon finding that the district court's grant of summary judgment resulted from an erroneous claim construction. The patentee accused several telecommunications companies of infringing its patent for an application-aware resource allocator. On appeal, the Federal Circuit agreed with the patentee that the district court construed the patent incorrectly. The panel vacated in relevant part and remanded.

(United States Federal Circuit) - A company appealed from the determination in an inter partes review that certain claims of its patent directed to dental implants were unpatentable. Affirming, the Federal Circuit concluded that the Patent Trial and Appeal Board did not err in its anticipation finding.

(United States Fifth Circuit) - Held that an education services company could not proceed with its Lanham Act lawsuit against a school district for using its marks in the course of operating a summer reading program. Affirmed summary judgment for the school district, finding that the allegedly infringing marks created no likelihood of confusion as a matter of law.