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Honest Services Update
Kim Chandler, The Birmingham News, Don Siegelman and Richard Scrushy ask court to dismiss honest services fraud charges against them; Bob Johnson (AP), Tuscaloosa News.com, Siegelman asks appeals court to dismiss charges; Margaret Cronin,Bloomberg, HealthSouth's Scrushy Loses His Bid for Early Release Pending Court Review Edvard Pettersson, Business Week, Enron’s Skilling to Remain in Prison During
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The Patient Protection and Affordable Care Act of 2010 Reduces the Criminal Mens Rea Requirement for Healthcare Fraud and Increases Penalties Under the Federal Sentencing Guidelines
GUEST BLOGGER-BENSON WEINTRAUB There has been a significant uptick in the number of criminal statutes enacted by Congress that diminish or eliminate the mens rea or “guilty mind” requirement. The Patient Protection and Affordable Care Act of 2010 (“PPACA”), Pub. L. No. 111-148, Title VI, §§ 10606, 6402, 124 Stat. 1008 (Mar. 23, 2010),
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In the News & Around the Blogosphere
60 Minutes, The $60 Billion Fraud (incredible story of medicare and medicaid fraud in South Florida – it shows how a billing scam can operate when there is little government oversight) What is the government doing? Check out AG Holder's talk here Stuart Pfeifer, LATimes, Man accused of fraud may get life in prison under
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In the News & Around the Blogosphere
Dexter Filkins & Alissa J. Rubin, NYTimes, Graft-Fighting Prosecutor Fired in Afghanistan; Rahim Faiez & Deb Riechmann (AP), Afghan deputy attorney general forced to retire Mike Scarcella, BLT Blog, DOJ Picks up Support in Prosecution of Former Congressman Equilar, Executive Compensation Trends, 2010 Clawback POlicy Report can be obtained via here Jenna Greene, BLT Blog, Revolving
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Upcoming Conferences
ABA, The Fourth Annual National Institute on Criminal Enforcement of Intellectual Property Rights, Nov. 5, 2010, San Francisco here ABA, The Fifth Annual National Institute on Securities Fraud, October 7-8, New Orleans here Strafford Webinars & Teleconferences – Foreign Corrupt Practices Act in Sub-Saharan Africa -Compliance Strategies Given the Region's Unique Cultural and Governmental Intricacies
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11th Circuit Reverses on Failure to Give Good Faith Reliance Instruction
The Eleventh Circuit Court of Appeals reversed several convictions in the case of United States v. Kottwitz for failure to give a "requested special instruction to the jury on their good faith reliance on their accountant's advice." The court stated: "A trial court is not free to determine the existence of the defendant’s theory of
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New Book – Careers In Criminal Law
Ellen C. Brotman, Careers in Criminal Law – The promo states: The book is organized into five different parts: Part I focuses on traditional criminal defense, including public defending, white collar criminal defense, big firm practice, solo practice and appellate and post conviction advocacy. Part II tells the stories of those who prosecute, in state
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In the News & Around the Blogosphere
Zach Goldfarb, SEC spins judge's words in defending Citigroup settlement DOJ Oress Release, Georgia Manufacturer of Food Service Equipment Hardware Pays $3.3 Million Fine for Role in Customer Allocation Conspiracy DOJ Press Release, Former Owner and Chief Executive Officer of Financial Products and Services Firm Pleads Guilty for Role in Fraud Conspiracies Involving Proceeds of Municipal
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Post-Skilling Documents
NACDL's White Collar Policy Department would like to compile all filings and rulings in honest services fraud cases post-Skilling. They plan to make these documents available in an online repository for the benefit of NACDL members. They are interested in identifying cases, filings and decisions in this emerging area of law. Briefs, motions, petitions for cert., as
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New Blog – Washington Post’s Market Cop
Welcome to the blogosphere the Washington Post's new financial crime blog – Market Cop here. (esp)
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