Job Title – Assistant Director (Office of Defender Services). Check out this position here.
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Category: Uncategorized
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Aaron Smith, CNN Money, Feds charge hedge funder with $276 million insider trading scheme
Paul Melia & Tom Brady, Independent.ie, Cases 'too complex' as white-collar convictions plummet
DOJ Press Release, Former Executives of Stanford Financial Group Entities Convicted for Roles in Fraud Scheme
DOJ Press Release, Assistant Attorney General Lanny A. Breuer Speaks at the American Conference Institute’s 28th National Conference on the Foreign Corrupt Practices Act
Mike Scarcella, BLT Blog, DOJ, SEC Provide Updated Foreign Bribery Enforcement Guidance
Mark Hamblett, NYLJ, Ex-Mayer Brown Partner Convicted at Retrial
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Check out NACDL's new resource for its members "a collection of individual downloadable documents that profile the law and practice in each U.S. jurisdiction relating to relief from the collateral consequences of conviction." The website notes:
"The 54 jurisdictional profiles include provisions on loss and restoration of civil rights and firearms privileges, legal mechanisms for overcoming or mitigating collateral consequences, and provisions addressing non-discrimination in employment and licensing. In addition to the full profiles, there is a set of charts covering all 50 states (plus territories and the federal system) that provide a side-by-side comparison and make it possible to see national patterns in restoration laws and policies. The information covered by the charts is summarized on the page for each jurisdiction. These materials will be an enormous aid to lawyers in minimizing the collateral consequences suffered by clients and in restoring their rights and status."
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On October 25th the Second Circuit will hear oral arguments in the Rajaratnam case. There are several significant issues that are likely to be decided here. The three issues presented by Appellant include an improper wiretap application, alleged misstatements upon which the wiretap is premised, and an argument premised on causation and whether the jury instruction was proper in explaining the causation issue to the jury. The government in response spends a significant portion of its brief on the facts and proceedings, not reaching the legal arguments until page 32 of its brief. They focus on whether the "errors and omissions were made intentionally or with reckless disregard for the truth" and whether these errors were material. It really is a sad commentary when the government has to expend so much time on explaining their mistakes and why their mistakes should be overlooked here. The opening line of the reply brief says it all – "Ironically, like its wiretap affidavit, it is what the government does not say in its brief that is most important."
One aspect pointed out in the amicus brief of the National Legal Aid and Defender Association and the Bronx Defenders – "the government failed in upholding its duty of candor to the authorizing court." These hearings are ex parte hearings and candor is crucial for them. This is also emphasized by the retired judges amicus brief (eight former federal and district court judges) who filed their brief in support of neither party. They state,"[f]rom their years of service on the bench, amici are keenly aware that the warrant process depends on the candor and forthrightness of the government, and that deceptive conduct of the kind that the district court found to have occurred in this case makes meaningful judicial review of wiretap applications impossible."
The most fascinating issue is how the government used wiretapping as a key component of this case. Amicus Author Professor Blakely (w/ Tai H. Park), a key author of the Title III of the Omnibus Crime Control and Safe Streets Act of 1968 reminds the Court of the scope of Title III and the need to retain the right to privacy.
It is hoped that the court will also examine the scope of wiretapping, especially in this white collar SEC case.
The briefs –
Appellant's Brief –
Download 2012.01.25 Apellant BriefUSAO Brief –
Download 2012.04.25 USAO Merits BriefAppellant's Reply Brief –
Download 2012.05.16 Appellant Reply BriefSee Blakely Amicus Brief –
Download Prof_Blakey_Amicus_Brief (final)See National Legal Aid & Defender Assoc Amicus Brief –
Download 2012.02.01 Amicus Brief–Nat'l Legal Aid and Def. AssocSee Retired Judges Amicus Brief –
Download 2012.02.01 Amicus Brief–Reitred FederalSee also Grant McCool, Reuters, Rajaratnam's insider-trading appeal set for Oct. 25.
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Debra Cassens Weiss, ABA Jrl Law News Now, Acquitted In-House Lawyer Warns of the ‘Criminalization’ of Law Practice
Lynn A. Neils joins Covington- see here
Tresa Baldes & Jim Schaefer, Detroit Free Press, In public corruption trial, Kilpatrick's lawyer says government witness is a liar, gambler, and a tax cheat
Patricia Hurtado, Bloomberg, Rajaratnam Case Cooperator Goel Gets Two Years Probation
Michael J. De La Merced & Peter Lattman, NYTimes, Former Programmer Demands That Goldman Cover His Legal Fees
Mike Scarcella, BLT Blog, Former House Official Wants Public Corruption Conviction Overturned (hat tip to Ivan Dominguez)
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Ed White, AP, Corruption Trial Opens for Former Detroit Mayor
Reuters, Prosecutors probe Finmeccanica in corruption case
Charles R.P. Puncy's article featured in Corporate Crime Reporter
Patricia Hurtado, Bloomberg, Bharara Sees Schemes Grow as White-Collar Unit Turns 50
Mike Scarcella, BLT Blog, DOJ Career Prosecutor Mary Pat Brown to Join O'Melveny & Myers
DOJ Press Release, TAIWAN-BASED AU OPTRONICS CORPORATION SENTENCED TO
PAY $500 MILLION CRIMINAL FINE FOR ROLE IN LCD PRICE-FIXING CONSPIRACY –Company Also Sentenced to Adopt Antitrust Compliance Program; Former Top Executives Each Sentenced to Serve Three Years in Prison and to Pay Criminal Fine
Mark Hamblett, NYLJ, Ex-Lawyer Skips Retrial, Pleads Guilty in Tax Shelter Scheme
David Gialanella, NJLJ, With New Judge in Bergrin Case, Prosecutors Win Evidence Rulings
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It doesn't seem like the Penn State faculty is happy with the NCAA's use of the Freeh report – See Robin Wilson, Chronicle of Higher Education, Penn State Faculty Leaders Attack NCAA's Use of Freeh Report(esp)
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Pete Yost has the AP story here. DOJ conducted an "exhaustive investigation" for an entire year. Wow. They really know how to investigate financial fraud over there!
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By Lucian Dervan – available here–
Abstract: Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this article will discuss the influence of data privacy and protection laws in various countries and analyze the challenges of attempting to conduct an American-style internal investigation in such jurisdictions. Part III of this article will examine interactions with employees during international internal investigations and will consider the challenges of complying with varying labor laws and due process requirements around the world. Finally, in Part IV, this article will discuss the hazards of multi-jurisdictional investigations by government agencies. In particular, consideration will be given to decisions regarding the disclosure of investigatory findings and the difficulties of engaging in settlement negotiations in an international enforcement environment.
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William M. Welch II & William W. Taylor III, NLJ, The Brady problem: Time to face reality -Nothing less than changes in the discovery rules in criminal cases will ensure that exculpatory evidence is consistently produced to defendants
DOJ Press Release, The Nordam Group Inc. Resolves Foreign Corrupt Practices Act Violations and Agrees to Pay $2 Million PenaltySteve Schaefer, Forbes, Wall Street Sheriff Preet Bharara Talks Insider Trading
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MattBray.net 