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The Raj Rajaratnam Trial
Contributing Blogger Sol Wisenberg posted here on the Raj Rajaratnam Trial. See also Floyd Norris, NYTimes, Why Is This Trial Happening? and David Stout, Main Justice, The Raj Watch: The Defense Wins One. Should We Care? (esp)
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Upcoming Conferences
ABA Section of Litigation and Criminal Justice, April 13-15, Miami Beach, Florida here 20th Annual National Seminar on Federal Sentencing Guidelines, May 4-6, Orlando, Florida here American Bar Association Criminal Justice Section Presents, A Town Hall Meeting on the State of White Collar Crime, April 15, 4:00 PM to 5:30 PM – Reception – 5:30
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Why I Don’t Care Too Much About Raj Rajaratnam’s Trial
1. The case is not complex, legally or factually. It isn't even interesting, except for John Dowd's Charles Laughton routine. Nor are the issues novel. The evidence against the defendant is overwhelming. The resources spent on the prosecution are wildly out of proportion to the harm caused by insider trading. 2. Contrary to popular myth, fueled by the press, insider trading is
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En Banc Petition Filed in Norris case
The Third Circuit recently ruled in a closely watched case, on the issue of whether corporate counsel had in fact represented an individual within the corporation and as such the attorney-client privilege should apply. (see here) The unpublished opinion of the court found no error on the part of the district court. Counsel for Appellant Norris has now
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Court Rules on Meaning of “Foreign Official”
Guest Blogger – Michael L. Volkov (MayerBrown) On April 1, 2011, US District Judge Howard Matz, of the Central District of California, held that officials of Mexico’s state-owned utility company qualify as foreign officials for purposes of the FCPA. The ruling is a clear victory for the DOJ’s interpretation of the definition of "foreign officials." Judge
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New Book – Winning the Acquittal: Tips from a High-Profile Trial
Check out Michael S. Pasano's new book, Winning the Acquittal: Tips from a High-Profile Trial. (esp)
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In the News & Around the Blogosphere
Amanda Bronstad, NLJ, Alleged bribes included a yacht and a Ferrari Leigh Jones, NLJ, law.com, Attorney, client sanctioned for violating gag order Kian Ganz, law.com, India's Corruption Scandals Start to Worry Investors DOJ Press Release, Johnson & Johnson Agrees to Pay $21.4 Million Criminal Penalty to Resolve Foreign Corrupt Practices Act and Oil for Food Investigations
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Commentary on Skilling Remand Decision
As noted here, the 5th Circuit entered its remand decision in the Skilling case, following the Supreme Court's ruling that honest services would be limited to bribery and kickbacks. Jeffrey Skilling had won the issue of honest services in the United States Supreme Court, but this highest court had sent it back for the lower court
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Skilling Remand
The Fifth Circuit issued its decision on the Skilling remand here. The US Supreme Court had "invalidated one of the objects of the conspiracy charge – honest-services" and sent it back to the 5th Circuit to determine if the error was harmless. The 5th Circuit ruling today found it to be harmless error, and they
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New Scholarship – Brotman on Sentencing
Check out Ellen C. Brotman's (Montgomery, McCracken, Walker & Rhoads) article: Make Probation a Real Option at Sentencing, 23 Federal Sentencing Reporter 257 (No. 4) (April 2011). Her opening line: "My advice to the Commission is to amend the Guidelines to establish probation as a distinct type of sentence with independent value, rather than as
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