Blog

  • Corruption Investigations & Prosecutions Are Not Limited to the U.S.

    Sylvie Corbet, Phil. Inquirer, France's Sarkozy Convicted of Corruption, Sentenced to Jail ("A Paris court found French former President . . . guilty of corruption and influence peddling"). CNN (Story by Reuters), South African corruption inquiry wants Zuma jailed for two years after no-show Business Standard (AP), Israeli court delays Benjamin Netanyahu corruption trial until April (esp)

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  • Garland Hearing

    One thing is pretty clear from the Garland hearing – he will easily be confirmed.  Non-political, experienced, caring, and yet determined to restore the DOJ to some of its roots was apparent in his testimony.  Check out, Jack Queen, Garland Aced His AG Audition. Next Comes The Hard Part. But there are still many questions that

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  • Upcoming Garland Hearing for Attorney General

    Many are opining on what to expect at the Garland hearing this week: Jack Queen, What To Watch For At Garland's AG Confirmation Hearings, Law360 Carrie Johnson, Merrick Garland Heads For Confirmation Hearing, 5 Years After He Was Denied A Vote, NPR Garland's opening statement is noted on CNN here. Some thoughts on his opening statement –

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  • NACDL Model Rule Under Due Process Protection Act

    The Due Process Protection Act (see here and here), provides that: In all criminal proceedings, on the first scheduled court date when both prosecutor and defense counsel are present, the judge shall issue an oral and written order to prosecution and defense counsel that confirms the disclosure obligation of the prosecutor under Brady v. Maryland, 373

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  • Top Attorney Added to Manhattan DA’s Team

    Kara Scannell, Manhattan district attorney bolsters team investigating possible fraud claims by Trump and his company, CNN William K. Rashbaum, Ben Protess, & Jonah E. Bromwich, Manhattan D.A. Recruits Top Prosecutor for Trump Inquiry, NYTimes Jerry Lambe, Manhattan District Attorney Escalates Investigation into Trump by Enlisting Heavy-Hitting Former Federal Prosecutor, Law & Crime Check out Mark Pomerantz –

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  • From Rob Cary’s Representation of Senator Ted Stevens to the Due Process Protection Act

    David Oscar Markus has a terrific podcast interviewing Rob Cary of Williams and Connolly on his representation of Senator Ted Stevens. See here. It is important to be reminded of the important role that Judge Emmet Sullivan played in exposing discovery violations that had occurred in this case.    We are starting to see the

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  • The Dichotomy Between Overcriminalization and Underregulation

    My recent Article - The Dichotomy Between Overcriminalization and Underregulation, 70 Am. U. L. Rev. 1061 (2021) -  available at – here and here. The U.S. Securities and Exchange Commission (SEC) failed to properly investigate Bernard Madoff’s multi-billion-dollar Ponzi scheme for over ten years. Many individuals and charities suffered devastating financial consequences from this criminal conduct,

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  • Prosecution of COVID Related Fraud Cases Picking Up

    DOJ prosecutions related to COVID Fraud are clearly picking up. The DOJ's website front page instructs viewers on reporting COVID-19 crime.  And the Justice News shows a line of recent press releases focused on COVID related fraud.   One sees prosecutions for alleged "schemes purporting to sell Covid-19 Vaccines" (here), pandemic unemployment benefits fraud (here), and

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  • Health Care Related Prosecution Settled With Qui Tam

    DOJ Press Release reports, "Florida Businesswoman Pleads Guilty to Criminal Health Care and Tax Fraud Charges and Agrees to $20.3 Million Civil False Claims Act Settlement." (see here). The government notes that along with the criminal matter being resolved (although sentencing as not occurred yet), the settlement of the civil false claims case "includes the

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  • CEO Sentenced for $150 Million Health Care Fraud and Money Laundering Scheme

    DOJ Press Release reports, "The CEO of a Texas-based group of hospice and home health entities was sentenced today to 15 years in prison for falsely telling thousands of patients with long-term incurable diseases they had less than six months to live in order to enroll the patients in hospice programs for which they were

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