Wishing everyone a healthy, happy, and peaceful holiday.
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Category: About This Blog
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It is hard to imagine that the white collar crime blog is six years old.
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The University of Cincinnati College of Law invites applications from entry-level and lateral candidates for as many as two tenure-track or tenured faculty positions in a broad number of areas, including agency/partnership/unincorporated business associations, civil procedure, commercial law, corporations, criminal law, criminal procedure, employment and labor law, evidence, immigration, international law, property, torts, and wills and trusts. We also seek applications for visiting faculty positions in those areas. All applicants should have a distinguished academic background and either great promise or a record of excellence in both scholarship and teaching. The University of Cincinnati is committed to a diverse faculty, staff, and student body. We encourage applications from women, people of color, persons with disabilities, and others whose background, experience, and viewpoints would contribute to the diversity of our faculty. Contact: Professor Verna L. Williams, Chair, Faculty Appointments Committee; University of Cincinnati College of Law; P.O. Box 210040; Cincinnati, OH 45221-0040.
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I am pleased to announce that Solomon L. Wisenberg of Barnes & Thornburg LLP will be joining the white collar crime prof blog as a contributing editor. You can read more about his extensive background here.
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I am pleased to announce that Solomon L. Wisenberg of Barnes & Thornburg LLP will be joining me for the next couple of weeks as a guest, blogging at the white collar crime prof blog. You can read more about his extensive background here.
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Jack Litman, a former and long-time member of the National Association of Criminal Defense Lawyers
![Jack_dinner[1]](https://mattbray.net/wp-content/uploads/2010/01/mt_imported_image_1758064439.jpg "Jack_dinner[1]")
(NACDL) board of directors and a past president of the NYSACDL passed away Saturday. Ted Simon, Secretary of NACDL and dear friend of Jack, described him as "an incomparable lawyer, father, and friend." As a member of the law firm of Litman, Asche & Gioiella, LLP, he handled major felony cases in New York, like the defense of Robert E. Chambers Jr. He also represented individuals charged with white collar related crimes. Past NACDL President Barry Scheck, described him as a man with a ![Jack alone MG_0530[1]](https://mattbray.net/wp-content/uploads/2010/01/mt_imported_image_1758064441.jpg "Jack alone MG_0530[1]")
"first rate intellect, a love of art, history, and all things Fench. But perhaps most impressive of all, sometimes with gestures of kindness and loyalty unknown to many, he delivered when it counted for his friends, his clients, and the cause of liberty. Jack never buckled trying one of the most notorious murder cases in the history of New York City."
Jack was special to so many. For me he was the extraordinary lawyer with whom I could discuss arcane legal issues, talk about the art museum in Vegas or just talk about life. He was a crucial part of my NACDL family. He was one of the nicest most caring individuals one could come across in life. He will be missed, and my tears are for him. He was one of a kind.
(esp) With a special thank you to his dear friend, Ted Simon, for the photographs. See also Anemona Hartocollis, NYTimes, Jack T. Litman, Lawyer for ‘Preppy Killer’ and Others, Is Dead at 66; Talkleft here; Professor Ellen Yaroshefsky reminded me of the Ethics in America, Vol. 2: To Defend a Killer program that includes Jack Litman, Justice Scalia and others as panelists.
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What's Coming this 2010?
The New Year delivers a variety of interesting cases and issues in the white collar crime field, and many unresolved issues from last year. What can we expect to see (in no particular order):
- A decision regarding the status of "honest services" in the fraud statutes
- The aftermath of a decision on "honest services" may bring cases using habeas corpus and coram nobis (assuming the Court alters the government's use/misuse of this statute) – and some perhaps new sentences/non-sentences for individuals like Conrad Black, Jeff Skilling, George Ryan, Bruce Weyhrauch, and others – but a realization that all DOJ cases will not crumble (see here)
- The government finally thinking twice about using section 1346 – honest services and proceeding instead with classic bribery/extortion/gratuities charges
- Seeing whether the SEC is capable of redesigning itself to provide greater ability to detect Ponzi schemes
- More TARP related indictments
- More financial fraud indictments
- More defense procurement scrutiny
- UBS related cases
- An initial ruling on the use of a wiretap in the Rajaratnam case
- Scrutiny of discovery violations by the past DOJ in the aftermath of cases like Stevens (see also here)
- Many new U.S. Attorneys
- Some deferred prosecution agreements reaching the termination points of living with government scrutiny
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2009 White Collar Crime Awards
Each year this blog has honored individuals and organizations for their work in the white collar crime arena by bestowing "The Collar" on those who deserve praise, scorn, acknowledgment, blessing, curse, or whatever else might be appropriate. I welcome comments from readers who would like to suggest additional categories or winners (or losers?).
With the appropriate fanfare, and without further ado,
The Collars for 2009:
The Collar for Causing the Most Dominoes to Fall – To Bernie Madoff for causing more Ponzi schemes to come to light
The Collar for Missing the Boat –To the past SEC that failed to notice Madoff and other schemes
The Collar for Best U-Turn – To the new DOJ for dismissing Ben Kuehne's case and exposing discovery violations, like seen in the Stevens case
The Collar for the Most Needing a Hearing Aid - For whoever decided to use a wiretap for alleged securities violations in the Rajaratnam case
The Collar for the Latest Fashion – To the DOJ for changing the name of the corporate crime task force to, what else - the financial fraud task force
The Collar for the Hottest Freezer – To William Jefferson, convicted after a search found cash in his freezer
The Collar for Adhering to Terry MacCarthy's Rule of Threes – To the Supreme Court for accepting three mail fraud cases, all pertaining to the honest services statute's 28 words
The Collar for Least Likely to Survive - A backdating prosecution
The Collar for Most in Need of a Geography Lesson– Tied – 1) To the prosecutors who brought the eventually dismissed Lori Drew case in California when all the alleged cyberbullying had occurred in "nearby" Missouri; 2) And the prosecutors who brought Wesley Snipes case in Florida where he went to high school
The Collar for the Most Likely to Have its Theme Song "I Won't Back Down" - W.R. Grace
The Collar for the Best Avis – To Rod Blagojevich, for trying to be the most recognized name with a white collar charge - he'll have to try harder to beat Bernie Madoff
The Collar for US News WannaBe– To the ABA for its method of selecting best blogs
The Collar for Least Likely to be Teaching Professional Responsibility at a Law School– Marc Dreier
The Collar for Least Likely to Appear Together in "Dancing With the Stars" - AG Eric Holder and former AG Alberto Gonzalez
The Collar for Least Likely to Appear on the T.V. Show "I've Got a Secret" – UBS
The Collar for the Best Parent – retired years ago and renamed the Bill Olis Best Parent Award – unawarded this year since no one comes even close to Bill Olis.
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Wishing everyone a healthy, happy, and peaceful holiday.
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Attorney.org lists their top criminal law blogs here(esp)
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