Here is a listing of the posts related to this report. One item not previously posted is Ken Wainstein's (counsel to Joseph Bottini) letter to Attorney General Eric Holder. Here –Download 2012-03-15 Wainstein Letter to AG Holder
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Category: Uncategorized
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NACDL has issued a press release detailing some of the findings in the report – see here
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I am grateful Judge Emmet Sullivan has released Mr. Schuelke’s report. I am also deeply thankful, as was my husband, for the dedicated team at Williams & Connolly who have continued to pursue justice.
It will take me and the other members of my family a few days to review the report. I ask that you respect our privacy as we do so.
I can say that the Stevens family continues to be shocked by the depth and breadth of the government’s misconduct. Ted served our country as a pilot in World War II and as a United States Senator for over 40 years. A team of federal prosecutors denied him the Constitutional rights guaranteed to all our citizens. As a former federal and state prosecutor, I find it hard to understand the actions by those who have sworn to uphold our laws.
My husband, also a former federal prosecutor, very much wanted to read this report and the yet to be released report by the Office of Professional Responsibility. I am saddened that he is not able to do so.
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The House passed the Stock Act which makes members of Congress subject to insider trading scrutiny. With both Senate and House approval (although there are diffferences in the two bills) this is moving in the direction of becoming law. (see Talk Left here). But the House shot down the "Public Corruption" Amendment to the Stock Act which sought a Skilling and Sun-Diamond fix. The NACDL Press Release reports in part:
"The amendment had sought to re-write multiple criminal laws in precisely the way the Supreme Court has declared would be unconstitutionally vague and overbroad. See Skilling v. United States, 130 S.Ct. 2896 (2010); United States v. Sun-Diamond Growers of California, 526 U.S. 398 (1999). Importantly, decades of successful prosecutions of corrupt public officials with the over two dozen federal criminal statutes already in existence belies all assertions that the Department of Justice desperately needs more tools in order to prevent public corruption. The “Public Corruption” Amendment, both in its substance and in the manner in which it was piggybacked onto the STOCK Act, provides further compelling evidence of a disturbing and costly overcriminalization trend in Congress."
"According to NACDL President Lisa Wayne, “There are over 4,450 federal criminal laws on the books and tens of thousands more in the regulations. It’s actions like these – the unconsidered rushing through of harsh criminal law solutions to vague or undefined problems – that got our nation to this terrible place.”
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Kaye Scholer, White-Collar Litigation Partner Amy Conway-Hatcher Joins Kaye Scholer’s D.C. Office
Mike Scarcella, law.com, Two auto parts companies to pay $548M in antitrust prosecution
Mike Scarcella, BLT Blog, Jury Acquits Two Businessmen In FCPA Sting Case
Washington Post (AP), Fresh NY indictment boosts insider trading charges against Ex-Goldman Sachs board member
DOJ Press Release, Owner and Employee of Miami Home Health Company Plead Guilty in $22 Million Health Care Fraud Scheme
Sue Reisinger, Corporate Counsel, SEC Dismisses Case Against Ex-GC, Leaves Larger Questions Open
David Gialanella, NJLJ, Federal Prosecutors Want Martini Off Bergrin Case, Doubting Impartiality
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Check out Professor Mike Koehler's new article on the FCPA here –
In 2010, Justice Department Assistant Attorney General Lanny Breuer proclaimed "a new era of FCPA enforcement; and we are here to stay." This new era has already witnessed several developments worthy of discussion and examination.
In Part I of this article, I agree that a new era of Foreign Corrupt Practices Act ("FCPA") enforcement has indeed arrived; and I demonstrate, using 2010 FCPA enforcement actions and related developments, how big FCPA enforcement has become. That a new era of FCPA enforcement has arrived, begs the question however of why it has arrived given that the FCPA itself has not changed since 1998. I demonstrate that much of the largeness of FCPA enforcement in 2010 was the result of bold enforcement theories that seemingly conflict with congressional intent in enacting the FCPA. Part I of this article also demonstrates that FCPA enforcement in 2010 was more than just big and bold: it was also bizarre. Among other things, FCPA enforcement suffers from several inherent contradictions; and despite lofty anti-bribery rhetoric from the enforcement agencies, bribery and corruption is tolerated by certain companies in certain industries and for other strategic reasons.
Against the backdrop of a big, bold, and bizarre year in FCPA enforcement, Part II of this article highlights how 2010 was also defined by increased scrutiny of the FCPA itself and FCPA enforcement by the judiciary, Congress, the FCPA bar, and international monitor groups. This scrutiny crested in November 2010 when a Senate committee held oversight hearings on the FCPA, during which certain Senators also expressed concerns regarding the FCPA’s new era and a desire to reform the FCPA.
Part III of this article highlights 2010 developments related to the FCPA and FCPA enforcement, such as debarment issues and passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
This article concludes with Part IV, a look at the road ahead, as this new era of enforcement begins.
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Danny Sokol, Antitrust & Competition Policy Blog, Beyond Leniency: Empirical Methods of Cartel Detection
ABA White Collar Conference, Miami Beach, Feb. 29 – March 2 here
NACDL White Collar Criminal Defense College at Stetson, Gulfport, Florida, March 15-20 here
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Each spring, Fordham University School of Law hosts the Irving R. Kaufman Memorial Securities Law Moot Court Competition. Held in honor of Chief Judge Kaufman, a Fordham Alumnus who served on the United States Court of Appeals for the Second Circuit, the Kaufman Competition has a rich tradition of bringing together complex securities law issues, talented student advocates, and top legal minds.
The year’s Kaufman Competition will take place on March 23, 2012 to March 25, 2012.
Our esteemed final round panel includes Judge Paul J. Kelly, Jr., of the Tenth Circuit; Chief Judge Alex Kozinski, of the Ninth Circuit; Judge Boyce F. Martin, Jr., of the Sixth Circuit; Judge Richard A. Posner, of the Seventh Circuit; Judge Jane Richards Roth, of the Third Circuit; and Commissioner Troy A. Paredes, of the United States Securities and Exchange Commission.
We are currently soliciting practitioners and academics to judge oral argument rounds and grade competition briefs. No securities law experience is required to participate and CLE credit is available.
Information about the Kaufman Competition and an online Judge Registration Form is available on our website, www.law.fordham.edu/kaufman. Please contact Michael A. Kitson, Kaufman Editor, at KaufmanMC@law.fordham.edu or (212) 636-6882 with any questions.
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Check it out here.
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Check out Eric Felton, WSJ, Guitar Frets: Environmental Enforcement Leaves Musicians in Fear
Does this really deserve use of our precious tax dollars?
MattBray.net 