DOJ Press Release – Former Alaska State Representative Victor Kohring Sentenced On Public Corruption Charges (sentenced to 22 months in prison) ("part of an ongoing investigation into public corruption in the State of Alaska")

ABA Law Journal News – Ex-Prosecutor Acquitted at Trial Loses Bid for Attorney Fees; Paul Egan, Detroit News – Convertino Request is Denied – He Sought Attorney Fees for Case that Resulted in Acquittal on Obstruction of Justice Charges

Reuters – UBS facing subprime banking investigations: report

Bloomberg – Polaris Falls After Brokerage Searched by Prosecutors

WSJ – Kazakh Leader’s Daughter Monitored U.S. Bribe Case

WSJ – Siemens Ex-Chairman faces Civil Proceedings

NYTimes – Corruption Case Taints Rising Political Star (discussing Rezko trial and presidential candidate Obama & Governor Blagojevich)

(esp)

60 Minutes aired a special on Chiquita Banana, The Price of Bananas, in which they reported on the issues that faced this company in trying to operate in Colombia and their self-reporting to the DOJ of violations in making illegal payments to a paramilitary group in Colombia.  Their self-reporting resulted in the company facing a significant penalty – a $ 25 million dollar fine and 5 years probation. (see Sentencing Memo here) The company also was the subject of a prosecution and plea, and not the recipient of a deferred prosecution agreement.  To a large extent, this recent report mirrored and expounded upon the work of former Wall Street Journal reporter Laurie Cohen, who back in August 2007 discussed the dilemma faced by Chiquita in trying to protect employees and also trying to comply with the law. (see Laure Cohen, Chiquita Under the Gun, WSJ)   

Some interesting points:

• 60 Minutes reported that "the Colombian government is now talking about extraditing Chiquita executives to Colombia." The extraterritorial application of U.S. laws by the DOJ may be coming back to haunt them as other countries may now think they have the right to come into the U.S. and proceed against corporate executives here.  The cost of a company operating abroad may be significantly increased if CEOs, or others within the U.S., start facing indictment in other countries. 
• The 60 Minute Special includes names of other companies that are alleged to be in violation, although the source of the allegations is in prison and charged with offenses in Colombia. One has to wonder if the DOJ has investigated these other companies, or if the only one who gets prosecuted is the one who comes forward and does the right thing by turning themselves into the government.  Based on this 60 Minute Special one might have a certain skepticism about whether the government is taking a proactive role in this investigation.  On the other hand, the effect of the WSJ article, and now 60 Minutes, may stimulate further DOJ activity. Of course, there is also the possibility that they did investigate and find no merit to the allegations that other companies were involved in illegal payments.
• The DOJ took a positive approach in not indicting individuals after Chiquita turned themselves into authorities. Perhaps this will send a message to corporate executives at other companies that they need to work with the DOJ to avoid individual liability. This could place the company against the individual when an individual may be trying to protect themselves from personal liability while the company is saying that proof is not present, so the company should not self-report.
• Why is it that Chiquita received a plea with conviction, while other companies get a deferred prosecution agreement?  Is this but another example of the enormous discretion of the DOJ?

(esp)

Addendum – ABA Jrl Law News Now – Colombia Extradites 14 Warlords to Face U.S. Drug Charges

Jason Cato, Pittsburgh Tribune Review – Court delays Wecht’s 2nd trial

WPXI.Com – Wecht Retrial Delayed By Federal Appeals Court

Pillyburbs.com (AP) – Circuit court stays Wecht retrial over defense appeal

DOJ Press Release – McKesson Corporation Agrees to Pay More than $13 Million to Settle Claims that it Failed to Report Suspicious Sales of Prescription Medications

Mary McGuire, Georgetown University’s Newspaper – the hoya.com – First U.S. Crime Museum to Open in D.C. (reported that it will include materials related to white collar crime)

(esp)

DOJ Press Release – Justice Department Announces Creation of 43 New Assistant United States Attorney Positions for Project Safe Childhood

Investment News – Money Fund Scrutiny Urged  (Letter of several groups calling for "the Commission to adopt a rule requiring that money market funds make non public monthly electronic filings of their portfolios to enable the Commission to monitor more closely the fund’s risk of loss of principal.")

DOJ Press Release – Former FirstEnergy Nuclear Operating Company Employee Sentenced for Lying to the Nuclear Regulatory Commission (4 months of home confinement, "three years of probation, 200 hours of community service and a $7,500 fine. During his probation,  [the defendant] is barred from working for any organization holding a license from the NRC.")

Houston Chronicle (AP) – Ex-Dynegy exec says judge not impartial

(esp)

FBI Press Release – Two owners and corporate officers of Engineering Dynamics, Inc. ("EDI") plea to a one-count information of conspiracy to violate the International Emergency Economic Powers Act and the Iranian Transactions Regulations

Doug Berman’s Sentencing Law & Policy Blog – A (record-setting?) long white-collar sentence (330 years)

FCPA Blog – Ex-World Bank Manager Sentenced for FCPA Offense

Examiner.com – Baltimore man gets lengthy sentence in $8 million fraud case (15 years – 27 counts of mail and wire fraud)

FBI Press Release – TENNESSEE WALTZ -The Dance is Over (Tennessee Waltz undercover sting operation ends) (see here for background)

DOJ – Southern District of Indianapolis Press Release – Louisville Woman Sentenced for Embezzling $7,000,000 From Credit Union (97 months)

DOJ – U.S. Coast Guard Officer Pleads Guilty for Lying about Vessel Pollution

Houston Chronicle (AP) – 3 NatWest Bankers Get Different Prisons (here)

Detroit Free Press – The latest in the case against the Detroit Mayor (here) (see here for background)

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Check out Mary Flood at Houston Chronicle – Kelley asks judge to leave the Olis case

(esp) (w/ a hat tip to Bill Olis)

Addendum –  WSJ Blog here.

Commentary – When should a judge recuse him or herself from a case?  There are many times that the answer to the question is easy, such as when the judge is related to a party or when the judge has personal knowledge of the facts in question.  But many times the answer to this question is less clear.  The ABA Model Code of Judicial Conduct provides judges with guidance to assist in deciding whether recusal is necessary.  Specifically Rule 2.11 pertains to disqualification (see here).  But as with so many ethics rules, one is often left trying to decide an issue in the gray area of the rules.

For defense counsel, filing such a motion may pose problems.  If the defense counsel is successful, then they have succeeded with their motion and a new judge is appointed.  But if defense counsel raises the issue and is unsuccessful, then one often wonders if they continue their case in front of the judge with a certain stigma attached to their cause.  It is easy to say that judges will not hold this against the party who loses a judicial recusal motion, after all defense counsel is just doing their job.  But this fear may cause hesitation in the filing of a judicial recusal motion.

Wall Street Journal – SEC Sues Alabama Mayor in Muni Case

Philly.com – Feds Object to Wecht retrial delay during 3rd Circuit appeal

Washington Post – Police: ‘D.C. Madam’ Palfrey Hanged Self in Fla.

FBI Release- Director Robert Mueller Speaks on Mortgage Fraud Crisis 

(esp)

Forbes.com – Wachovia says has never discussed deferred-prosecution deal with DOJ

Wall Street Journal – Gabelli Funds to Pay $16 Million To Settle SEC Market-Timing Case

DOJ (Press Release) – Owner of Kansas City Computer Service Companies and Family Member Indicted in Scheme to Defraud Federal E-Rate Program

ABA Law Jrl News – E-Mails Show More Abramoff Links to Ex-DOJ Staffers; Probe Continues

DOJ (Press Release) – Former State Prison Supervisor Sentenced for Obstruction of Justice-Related Charge (15 months in prison)

Houston Chronicle –Oscar Wyatt asks to finish his prison term in Houston

(esp) (w/ a hat tip to Bill Olis on the last item)