Fraud

Pezzulli Presents State Bar of Texas Webinar: Parallel Prosecution

April 22, 2019 | The Law Office of Michael F. Pezzulli, PLLC

Michael Pezzulli presents Parallel Prosecution webinar for State Bar of Texas, March 2019 Michael Pezzulli conducted a live webinar for the State Bar of Texas on a popular topic, “Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution” in March 2019. Attorneys with civil audit cases with a potential risk of criminal prosecution need to be aware of the many challenges involved to prepare appropriate, balanced strategies for their clients.

The curriculum fulfills 1.50 hours toward Texas MCLE requirements (.75 ethics hours). Attorneys active in the State Bar of Texas can access the recorded webinar (MCLE No: 174038645) at the Texas Bar CLE website. With this topic in high demand, Pezzulli has made the presentation handout available for anyone to download here: Pezzulli SBOT Presentation March 2019

Cash Is King … Sometimes

August 10, 2016 | The Law Office of Michael F. Pezzulli, PLLC

stacks of cash describing the Banking Secrecy Act
by Michael Pezzulli

The phrase “Cash is King” evokes warm feelings from most people in the business world. However, anyone engaged in business must understand that failing to follow the rules imposed by the U.S. federal government will create a situation where cash is definitely not king.

How you handle cash can define whether you are a law-abiding citizen or are guilty of a federal crime. Whether your money was earned honestly is irrelevant. What really matters is how you deposit or withdraw your money at your local bank.

Patent Trolls and The Innovation Act

June 30, 2015 | The Law Office of Michael F. Pezzulli, PLLC

Patent Trolls and the U.S. Innovation Act
by Michael Pezzulli¹

In an earlier article, I discussed why Patent Trolling has been problematic for so many in the patent ecosystem. Fortunately, help may be on the horizon. Currently there is a bill in the U.S. Congress called the “Innovation Act.”²

The Innovation Act is significant in that it directs a party alleging patent infringement in a civil action to include in the court pleadings, if the information is reasonably accessible. It specifies details concerning:

A Practical Guide to Presenting and Defending a Spoliation of Evidence Case

July 1, 1998 | The Law Office of Michael F. Pezzulli, PLLC

By Michael F. Pezzulli and Charles J. Fortunato Spoliation of Evidence

2016 American Bar Association Annual Meeting, Tort & Insurance Section

Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem.

Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution

September 1, 1996 | The Law Office of Michael F. Pezzulli, PLLC

Parallel Prosecution
By Michael Pezzulli and Charles J. Fortunado

State Bar of Texas: Advanced Creditors’ Rights presentation – September, 1996

In the past ten years, the gulf between criminal practice and civil practice has narrowed considerably.There are several causes for this. One is the explosion of white collar criminal litigation. More pervasive use of forfeiture statutes in the pursuit of attorney’s fees has also served to bring civil litigators under the purview of criminal law. The savings and loan and drug crises have also done their part to bring civil litigators’ conduct under scrutiny of criminal statutes.

Presenting Evidence in Texas Litigation: Tactical Use of Discovery and Claims of Privilege As a Sword and a Shield

January 1, 1990 | The Law Office of Michael F. Pezzulli, PLLC

holding a burning match next to photograph
By Michael Pezzulli and Charles J. Fortunado

Advanced Evidence and Discovery: Presented to the State Bar of Texas

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use – or attempt to use – discovery and claims of privilege as both a sword and a shield.

We’ll Know It When We See It: Good Cause for Failure to Supplement Discovery Texas Rules of Civil Procedure

November 9, 1989 | The Law Office of Michael F. Pezzulli, PLLC

pen and paper
By Michael Pezzulli and Charles J. Fortunado

How to admit or exclude evidence in Texas litigation when not disclosed to the client in a timely manner: Advanced Evidence and Discovery Course presented to The State Bar of Texas.

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use or attempt to use discovery and claims of privilege as both a sword and a shield.