US v. Milheiser - 9th Circuit Wire Fraud Decision

The 9th Circuit last week released its opinion in United States v. Milheiser, 16-CR-00076, in which the Court overturned six convictions of defendants who had been convicted of mail fraud and conspiracy to commit mail fraud arising from the defendants’ sales companies’ aggressive tactics in selling printer toner. The 9th Circuit adopted the “benefit of the bargain” theory of wire fraud, under which individuals cannot be convicted of wire fraud if the alleged victims received the “benefit of the bargain,” even if they were induced to make a purchase through misrepresentations.

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Dynamis Secures Dismissal of the Indictment in the “Atlas Trading” Stock Fraud Case Under Ciminelli v. US

Dynamis attorneys secured the dismissal of the Indictment in the "Atlas Trading" securities fraud case in the Southern District of Texas. Dynamis attorneys drafted the briefs and led the fight to obtain dismissal of the Indictment.

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New Federal Legislation Criminalizes the “Demand Side” of Bribery (Foreign Corrupt Practices Act)

The Foreign Extortion prevention Act ("FEPA" or the "Act") was passed as part of the 2024 National Defense Authorization Act ("NDAA"), was passed in Congress with bipartisan support and signed into law by President Biden. FEPA is the first U.S. regulation intended to regulate the "demand side" of foreign bribery--creating a direct criminal statute against foreign officials who solicit or accept bribes from a company or individual in the U.S.

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