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Barclays Bank PLC Forfeiting 298 Million Dollars
Many of the recent corporate settlements with the government have focused on violations of the Foreign Corrupt Practices Act. This one is somewhat unique in that the $298 Million Dollars being forfeited are for violations of the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA). A DOJ Press Releasestates
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UC College of Law Faculty Position Posting
The University of Cincinnati College of Law invites applications from entry-level and lateral candidates for as many as two tenure-track or tenured faculty positions in a broad number of areas, including agency/partnership/unincorporated business associations, civil procedure, commercial law, corporations, criminal law, criminal procedure, employment and labor law, evidence, immigration, international law, property, torts, and wills
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New FCPA Article
Bruce Hinchey, Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements Abstract (SSRN): The Department of Justice has long promised tangible benefits to companies that voluntarily disclose Foreign Corrupt Practices Act (FCPA) violations. Justice Department officials have promised that the enforcement of the FCPA is both fair and consistent. Despite these promises,
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In the News & Around the Blogosphere
CMIO News, WellCare in the red for Q2, pays off $334 million in fraud settlements (shows what an effect of a deferred prosecution agreement can be) DOJ Press Release, Northwest Airlines LLC Agrees to Plead Guilty for Fixing Prices on Air Cargo Shipments, Company Agrees to Pay $38 Million Criminal Fine Michael Bronner, Global Post,
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Money Laundering Counts Reversed in Two Sixth Circuit Cases
Two former officers and directors of the National Century Financial Enterprises had been convicted on multiple counts. The Sixth Circuit reversed the money laundering counts. In the first case, United States v. Ayers, the court examined a conviction of conspiracy to commit money laundering and held that based upon Cuellar v. United States, 128 S.Ct. 1994 (2008), the
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James K. Robinson 1943-2010 – He Did It All
We mourn the passing of James K. Robinson, educator/dean, prosecutor, defense counsel, and a truly wonderful person. He served as assistant attorney general in the US Department of Justice heading up the criminal division, as dean of the Wayne State Law School, and most recently as "a partner in the Business Fraud and Complex Litigation Practice in
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Conrad Black – Free and Writing
As previously discussed, Conrad Black was freed on bail (see here) following the Supreme Court's decision that vacated and remanded his case back to the Seventh Circuit in light of its holding that honest services applies only to schemes premised on bribery or kickbacks. Now check out Conrad Black's piece in the National Post, telling his impressions of some aspects of
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In the News & Around the Blogosphere
law.com, (AP), Countrywide Agrees to Pay $600 Million to Settle Lawsuits -Former accountant on the hook for $24 million for its role Mary Orndorff, Birmingham News, Alabama judicial campaigns law unenforced for 15 years (w/ a hat tip to Ted Gest) News-Press.com, Cabrera appeals conviction – Supreme Court ruling may apply to his case Samuel
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Honest Services Hypo
“[I expect] to see future litigation surrounding efforts by prosecutors to wedge their cases into the ‘bribe or kickback’ paradigm to which the Court has now limited this statute.” NACDL President Cynthia Hujar Orr commenting upon the Supreme Court's decision in Skilling v. United States. Consider the following hypothetical: X is a well-known insurance
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The Grand Jury – SEALS Panel Explores Reforms
A panel of law professors at the Southeast Association of Law Schools (SEALS) explored grand jury reform. The first speaker was Professor Roger Fairfax (George Washington), who provided a historical overview of the grand jury. He noted its place constitutionally and provided what role reform might play if the Congress revises federal criminal law. Next
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