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Ciminelli, Percoco, Varsity Blues, and the Future of Fraud and Bribery Prosecution | ABA White Collar Crime 2024

Event | 03.07.24, 2:45 PM PST | CLE Offered

Address

Marriott Marquis
780 Mission Street,
San Francisco CA 94103

Tom Hanusik will serve as a panelist at the ABA White Collar Crime Institute Conference alongside Jonathan S. Sack of Sack & Sack (Moderator), Temidayo Aganga-Williams of Selendy Gay Elsberg PLLC, David Angeli of Angeli Law Group LLC, Lorin L. Reisner of Paul Weiss, David Saratt of Debevoise & Plimpton and Brent Wible, Office of the Assistant Attorney General at U.S. Department of Justice, Criminal Division.

On this panel, panelists will discuss the Supreme Court's decision on two important mail/wire fraud cases last term: Ciminelli v. United States and Percoco v. United States. In Ciminelli, it invalidated the “right to control” theory of mail/wire fraud, and in Percoco, it narrowed the scope of public sector honest services fraud. In the high-profile “Varsity Blues” prosecution (United States v. Abdelaziz), the First Circuit set aside fraud and bribery charges in the context of private universities. This panel will discuss the background and impact of these decisions, including how the Supreme Court’s approach to interpreting white-collar criminal statutes affects federal fraud and corruption prosecutions going forward.

For more information, please visit these areas: White Collar and Regulatory Enforcement

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.