If you were on the Internet in May 1998, you were probably on an IBM-compatible PC, running Microsoft Corporation’s Windows 95 operating system and surfing the web using Internet Explorer, which was also a Microsoft product. And, in May 1998, Public Enemy Number One was the bootlegger, rumrunner, racketeer and boss of the Chicago Outfit
Does Crime Pay?
Tales from the White-Collar Criminal Defense Trenches
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The Ohio Ethics Law: A Weapon Against Public Corruption
It seems that every corner of Ohio has seen a high-profile federal public corruption prosecution in recent years. So much so that some may not know that Ohio has its own statutory scheme to hold wayward public officials accountable: the Ohio Ethics Law.
What Is It?
The Ohio Ethics Law, which was enacted in 1974,…
Algorithms and Antitrust Law: The Only Winning Move is Not to Play
In The Wealth of Nations, Adam Smith famously wrote, “[p]eople of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.”[1] Although now nearly 250 years old, Mr. Smith’s observation about merchants and businessmen remains timeless.…
Telemedicine Fraud is the New Opioids: DOJ’s First Health Care Fraud Takedown During COVID-19
On September 30, 2020, the Department of Justice (“DOJ”) announced its latest health care fraud take down, which was its first since the pandemic hit in March 2020. DOJ charged 345 doctors, medical professionals, owners/operators, and others with criminal health care fraud schemes implicating more than $6 billion in total alleged loss amount. Arriving six…
False Claims Act Recoveries are Accelerating
Recoveries and settlements in False Claims Act (FCA) cases by the U.S. Department of Justice (DOJ) have accelerated in recent months and appear to be poised to rise dramatically as DOJ follows spending related to the pandemic recovery and federal stimulus efforts and bring additional resources to bear. Thus far in FY 2020 (which closes…
Government Obtains Conviction Against Commodities Traders in Partial Win in Spoofing Case

Two former commodities traders at a major global bank were convicted on federal wire fraud charges late Friday in a high profile – but rare partial win– for the government in a spoofing case. We previously discussed the theory of “spoofing” advanced by the Department of Justice against commodities traders, as well as the difficulty…
White House Due Process Memo Could Reform Enforcement
The Executive Office of the President issued a remarkable, yet little noticed Memorandum recently that has the potential to revolutionize the way justice is carried out in enforcement proceedings at federal agencies.
The Memorandum directs agencies to provide much greater due process to individuals and companies investigated by these agencies and addresses specific procedural and substantive revisions to civil and administrative…
Lessons Learned from the R. Kelly Legal Saga for White Collar Defense – Part 2
In our last post on www.doescrimepay.com, former federal prosecutors Steven A. Block and Sarah M. Hall summarized the legal saga of indicted R&B star R. Kelly, one of the world’s best-selling music artists. Kelly’s legal troubles are far from the world of non-violent white-collar crime; indeed, Kelly stands charged with offenses that include racketeering,…
Lessons Learned from the R. Kelly Legal Saga for White Collar Defense – Part 1
This week on www.doescrimepay.com, former federal prosecutors Sarah M. Hall and Steven A. Block take the blog in a new direction. We will look back on the legal saga of indicted R&B star R. Kelly and present lessons learned from this non-white collar case for the white collar practitioner.
In today’s Part 1, we…
United States v. Goodwin: Federal Healthcare Conspiracy is Alive and Well in the Eighth Circuit
On September 4, 2020, the Eighth Circuit affirmed Reuben Goodwin’s conviction for his role in a Medicare/Medicaid kickback scheme. Goodwin’s conviction was supported by evidence of his knowledge of the conspiracy and willful participation in the conspiracy. The Eighth Circuit’s decision serves to remind everyone the risks a conspiracy charge pose to even a potentially…