In August, the 11th Circuit affirmed the district court’s decision to dismiss relator Bruce Jacobs’ qui tam action against JPMorgan Chase Bank (“JP Morgan”), and in doing so, held that blog posts constitute “news media” for purposes of the public disclosure bar. The relator alleged that JP Morgan forged the endorsement of Washington Mutual
Appellate Courts
The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence
By Ty E. Howard & Wayne R. Beckermann on
Posted in Appellate Courts
How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth Amendment. This decision furthers a split among circuit courts and portends how the text, history, and tradition method might influence Fourth Amendment…
Second Circuit Limits Use of Confidential Government Agency Information as Basis for Securities Fraud Prosecutions
By Gene R. Besen & Virginia Wright on
On December 27, 2022, the Second Circuit called into question the government’s theory of insider trading of confidential government agency information, potentially undercutting the DOJ’s enforcement of various white-collar crimes.
The panel tossed the convictions of four individuals found guilty of securities fraud, wire fraud, and theft of government property for their coordination to trade…