More White Collar Crime Articles

Tax

Home Concrete & Supply Redux? Expansive Interpretation of the “Fraud” Exception to the Three-Year Statute of Limitations

As a general a rule, the Internal Revenue Service has three years from the date a tax return is filed to propose adjustments to that return or lose the right to do so.[1] However, the Internal Revenue Code also provides exceptions under which the three-year period can be extended. The exceptions...

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Bankruptcy & Restructuring

Second Circuit Expands Bankruptcy Code’s Safe Harbor Protection for Transferees of Ponzi Scheme Payments

Sections 548(a)(1)(A) and (B) of the Bankruptcy Code (the “Code”) give a bankruptcy trustee the power to avoid intentional and constructive fraudulent transfers.[1] Section 546(e) of the Code prevents a bankruptcy trustee from recovering a variety of transfers, including ones that...

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Ethics

In-House Counsel’s Upjohn Obligations

I recently attended a conference seminar involving a look at ethical issues for legal officers of a company. Leading the session was both an in-house general counsel of a large U.S. investment company and a member of a law firm representing the view of outside counsel. Part of the discussion was...

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