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Upcoming Conferences
20th Annual National Seminar on Federal Sentencing Guidelines, May 4-6, Orlando, Florida here ABA Third Annual Internal Corporate Investigations & Forum for IN-House Counsel, May 4-6, 2011 New York, here ABA 21st Annual National Institute on Health Care Fraud, May 11-13, 2011, Miami Beach, here NACDL's 1st Annual West Coast White Collar Conference – "Turning
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In the News & Around the Blogosphere
Mike Scarcella, BLT Blog, Appeals Court Reinstates Blackwater Manslaughter Case in D.C. (w/ a hat tip to Tiffany M. Joslyn) (Court states – "We thus vacate and remand the case for the court to determine, as to each defendant, what evidence – if any – the government presented against him that was tainted as to him,
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Written Ruling – Officer or Employee of a State-Owned Croporation Can be a Foreign Official for FCPA Liability
One of the more fascinating FCPA cases is in trial right now. At the start of trial, the court held a hearing on defendant's motion to dismiss the charges. It was claimed that a state-owned corporation could not be a department, agency, or instrumentality of a foreign government and therefore was not a person who
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Should This Be A Crime
A DOJ Press Release here reports on a Massachusetts fish packer being "found guilty of falsely and misleadingly labeling frozen fish fillets." Clearly this conduct sounds improper? But is this the kind of conduct we want to criminalize and spend funds for prosecution? Could we accomplish the same deterrence in a less costly way by proceeding civilly with fines? (esp)
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Ninth Circuit Offers No Relief in Post-Skilling Case
The Ninth Circuit Court of Appeals in U.S. v. Pelisamen ruled that "where the jury returned a special verdict form indicating that it had convicted the defendant on both theories" ("money and propery" and "honest services") the conviction remains valid post-Skilling because the jury has designated that it convicted the defendant on both theories. This
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Petition for Panel Rehearing in Kott
Appellant in the Kott case (see background here) filed a petition for panel rehearing. The court in this case vacated the conviction and sent the case back to the trial court for retrial. This case was related to the prosecution of now-deceased Senator Ted Stevens (Alaska). In vacating Kott's conviction, the panel noted that the case
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Third Circuit Reinstates RICO Indictment Against an Attorney and Others
The Third Circuit Court of Appeals reversed and remanded a district court's dismissal of a RICO indictment against an attorney and others. (See Opinion - U.S. v. Bergrin here) RICO is clearly a complicated statute and the court's decision presents an extremely thorough review of many aspects of the law in this area. Typically, RICO is one
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In the News & Around the Blogopshere
Bruce Alpert, Times-Picayune, Enron ruling may hurt former U.S. Rep. William Jefferson Sue Reisinger, Corporate Counsel, law.com, Feds Re-Indict Former Glaxo In-House Lawyer DOJ Press Release, New Jersey Wastewater Treatment and Chemical Supply Company and Owner Sentenced for Their Role in Fraud Conspiracy - Owner Sentenced to Serve 18 Months in Prison Joy Powell, StarTribune, Prosecutions
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Sixth Circuit Vacates Wire Fraud and False Statement Convictions of Former Tennessee State Senator
A fascinating opinion vacating convictions and reversing the district court, was issued by the Sixth Circuit in the case of U.S. v. Ford. This appeal concerned convictions for false statements and two counts of "honest services" wire fraud. This case does not pertain to another case against Ford in which he was sentenced to 5 1/2
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Tax Indictments
As tax day gets closer, it is always interesting to see the spike in criminal tax filings. In many ways this makes sense since a goal is to achieve deterrence by letting the public know the ramifications of failing to file or fraudulently filing tax returns. But one problem, as I see it, is that DOJ doesn't put out press releases
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