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11th Circuit Reversal on Rehearing
Probably the rarest of decisions is a reversal on a rehearing. But this week, the Eleventh Circuit Court of Appeals did just that in the case of United States v. Kottwitz. In the original decision (see here), the court had concluded that the refusal to give the jury an instruction about reliance on an accountant's
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In the News & Around the Blogopshere
DOJ Press Release, Manhattan Federal Jury Convicts U.S. Military Officer of Honest Services Fraud and Accepting Bribes while Stationed in Iraq Michael Pollick, Herald Tribune, Beau Diamond sentenced to 15.5 years David Ingram, BLT Blog, Congressmen Ask About Probe of GAO Probe Sue Reisinger, Corporate Counsel, Half-Baked Justice? Corporate Prosecutions Are All Over the Map
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Ryan Denied Skilling Relief and Bail
A US District Court for the Northern District of Illinois- Eastern Division, denied former Illinois Governor George H. Ryan Sr.'s request of Skilling relief and "bail pending the ultimate resolution of this motion." In a 59 page order here, the court held: The Skilling decision "announces a new substantive rule of criminal law" allowing the "re-set[ting] the
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Medicaid fraud crackdown threatens citizens’ rights
Guest Blogger – Philip Hilder Constitutional protections are being hastily overlooked in our government's zeal to crack down on Medicaid fraud. But even that worthy cause doesn't merit a denigration of citizens' rights. In the case of Medicaid fraud, the Texas Legislature has not only encouraged but required government agencies to mix civil and criminal
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SEC Agrees to First Non-Prosecution Agreement in Fraud and Insider Trading
Guest Blogger – Michael Volkov (Mayer Brown) The SEC announced that it has entered a non-prosecution agreement with Carter's Inc. under which the Atlanta-based company will not be charged with any violations of the federal securities laws relating to its Executive Vice President’s (Joseph M. Elle’s) alleged role in insider trading and financial fraud. The non-prosecution
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In the News & Around the Blogosphere
Nate Raymond & Mark Hamblett, NYLJ, law.com, Ex-Winston Attorney Charged With Laundering Fraud Proceeds Wash Post (AP), Former New Jersey lawmaker acquitted of corruption Bob Holt, New Jersey Newsroom, L. Harvey Smith is second to beat feds in N.J. corruption sting Houston Chronicle, AP, Developer in Dallas corruption case gets 14 months Dayton Daily News (AP),
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Glenn Straub: Not Guilty!
The federal government charged Glenn Straub, and his company Palm Beach Polo Holdings, Inc., with filling in two wetlands within the jurisdiction of the United States in violation of the Clean Water Act, 33 USC 1319. The case involved two pieces of property in Wellington, Florida. In fact, Straub engaged a contractor to remove Melaleuca
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Can You Convict for Honest Services When You Haven’t Charged Honest Services?
According to the 8th Circuit Court in the case of United States v. Redzic, the answer to this question is "yes." The defendant was convicted of mail fraud, wire fraud, bribery, and conspiracy. The mail fraud and wire fraud charges were premised upon sections 1341 and 1343, not 1346. The defendant notes on appeal that
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Kozinski Tells Prosecutors to Quit Wasting Taxpayer Resources
The Ninth Circuit Court of Appeals reversed the conviction of Prabhat Goyal, former chief financial officer of Network Associates (formerly known as McAfee), holding that the government "failed to carry its burden" on an issue of materiality. The court stated that "Goyal's desire to meet NAI's revenue targets, and his knowledge of and participation in
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Operation Broken Trust – But Who Broke the Trust?
The government is announcing here some statistics from Operation Broken Trust. (see also here) They are stating: "Starting on Aug. 16, 2010, to date Operation Broken Trust has involved enforcement actions against 343 criminal defendants and 189 civil defendants for fraud schemes involving more than 120,000 victims throughout the country. The operation’s criminal cases involved
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