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Discovery
Check out David Markus' op ed on discovery here. The last line is a classic – "Perhaps the Department of Justice would like to amend the plaque found in federal courtrooms that reads: "We who labor here seek the truth" with the addition, "only if we think it is material." (esp)
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Privilege in Jeopardy
Check out this piece by Ross H. Garber & Sara J. Goldfarb, Privilege in Jeopardy in Governors Journal. (esp)
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U.S. Government’s Misdeal in Online Poker Indictments
Guest blogger Chris Flood Our gambling laws make about as much sense as the government banning gin, but not vodka, during Prohibition. Some laws allow gambling, some encourage it and some ban it. You can run an online business for people to bet on horse races, but not on a poker hand. So, instead of
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New Scholarship – FCPA Related
Professor Drury D. Stevenson (South Texas) & Nicholas J. Wagoner (South Texas), FCPA Sanctions: Too Big to Debar? A synopsis by one of the authors – "Despite the dramatic escalation in corporate fines and imprisonment imposed under the FCPA in recent years, a particularly lethal sanction for combating foreign corruption remains unused—suspension or debarment of
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A Few Recent White Collar Decisions
Second Circuit – U.S. v. Gray, Mack, Wells, & Rhodes - Court affirms lower court holding "that an internal investigation by a privately owned prison that houses federal prisoners of an allegation of excessive force involves a 'matter within the jurisdiction' of the Department of Justice for purposes of 18 U.S.C. s 1519. Sixth Circuit
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New Scholarship – Plea Bargaining, Discovery and the Looming Battle Over Impeachment Evidence
Professor Mike Cassidy (Boston College) has a wonderful new piece titled Plea Bargaining, Discovery, and the Looming Battle Over Impeachment Evidence, which will be published in Vol. 64 of the Vanderbilt Law Review (October 2011). With the discovery under review, this is a very important piece and I recommend it highly. The SSRN abstract states: "In a criminal
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Insider Trading – Hot Topic in NYC
Earlier this week we saw that Craig Drimal entered a plea to insider trading (see here). Today a second plea to insider trading comes out of the Manhattan US Attorneys Office. An FBI Press Release reports that Donald Langueuil is pleading guilty to insider trading. According to the most recent press release: "Between 2006 and 2010, LONGUEUIL,
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In the News & Around the Blogosphere
Grant Thornton, The UK Bribery Act and What It Means for U.S. Companies here Google (AP), Delay sought in Ohio public corruption trial DOJ Press Release, Three Miami-Area Medical Professionals Each Sentenced to Prison for Roles in $23 Million Medicare Fraud Scheme (sentences ranged from 54-70 months) FBI Press Release, Principal of $80 Million Ponzi Scheme Sentenced
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New Article – Guns, Fruits, Drugs, and Documents: A Criminal Defense Lawyer’s Responsibility for Real Evidence
Professor Stephen Gillers has a wonderful new piece in 63 Stanford Law Review 813 (April 2011), titled, Guns, Fruits, Drugs, and Documents: A Criminal Defense Lawyer's Responsibility for Real Evidence. (click here to read it on the Stan. L Rev website) This one is a must-read. We all know how to handle weapons, drugs, or stolen
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Holder Recognizes the Importance of being “Smart on Crime”
AG Holder spoke about the DOJ's Priorities and Mission (see here) He listed four essential priorities: "In the critical days ahead, these four essential priorities – protecting Americans from national security threats, protecting Americans from violent crime, protecting Americans from financial fraud, and protecting the most vulnerable members of our society – will guide our
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