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In the News & Around the Blogosphere
Bloomberg, Black Not Entitled to Bail, U.S. Tells Appeals Court Marsha Coyle, NLJ, law.com, Justice Department Calls for Probe of Federal Sentencing Patterns -Prosecutors see disparity in fraud, child pornography punishments Jenny Anderson, NYTimes, 2 New York Institutions Want to Keep Ponzi Gifts Martha Neil, ABA Law Jrl News Now, 7 Cops, 2 Lawyers &
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Commentary on Snipes Decision
As noted here, the 11th Circuit affirmed the lower court's decision in the Snipes case. The unanimous decision authored by Circuit Judge Marcus did not find error in the sentencing, jury instructions, or venue issues raised by Snipes. Snipes had been found guilty after a trial by jury of three misdemeanor offenses and had been
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11th Circuit to Snipes – You Lose
The Eleventh Circuit issued an opinion in the Wesley Snipes case (background here and here) denying defendant's arguments with respect to sentencing, jury instructions, and venue. Snipes had been convicted of three misdemeanor counts of willful failure to file federal income tax returns for three years in violation of 26 U.S.C. s 7203. Commentary forthcoming.
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Medicare Fraud Strike Force Strikes
A DOJ Press Release reports that "[n]inety-four people have been charged for their alleged participation in schemes to collectively submit more than $251 million in false claims to the Medicare program in the continuing operation of the Medicare Fraud Strike Force in Miami; Baton Rouge, La.; Brooklyn, N.Y.; Detroit and Houston. It is noted that
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Lynne F. Stewart – Resentenced to Ten Years
From 2 years 4 months to 10 years. Speechless. (esp)
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Goldman Sachs to Pay $550 Million to Settle SEC Charges
The SEC website is calling this the "largest-ever penalty paid by a Wall Street firm." (see here) This record penalty of $550 million and agreement to "reform its business practices" will likely be the talk of Wall Street. The SEC Press Release notes that the acknowledgment, "in the settlement papers" by Goldman, is to providing
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Upcoming Conferences
July 14, 2010- ABA/NACDL Program – The Supreme Court Rules on Honest Services, 4 p.m. – 6 p.m. EDT-American Bar Association, 740 15th Street, N.W., Washington, D.C., John Marshal Conference Room, 9th FL – Wine and light fare will be served. Please RSVP to snoddyr@staff.abanet.org if you plan on attending. Sept 30- Oct.1, 2010 –6th
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Identity Theft Crimes Increase
The Bureau of Justice Statistics Website, in a Report authored by Katrina Baum and Lynn Langton, is reporting that 2007 statistics show that identity theft is increasing. Specifically they note that "[t]he number of households with at least one member who experienced one or more types of identity theft increased 23% from 2005 to 2007." One can only imagine what
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In the News & Around the Blogosphere
Cindy Chang, The Times-Picayune, Supreme Court's 'honest services' ruling could affect local public corruption cases Lynnley Browning, NYTimes, U.S. Widens Tax Inquiry Into HSBC Zachary A. Goldfarb, Wash Post, SEC Chairman Mary Schapiro considers overhauling rules to help investors Nate Raymond, law.com, NYLJ, N.Y. Firm Sued for Advising Clients to Invest in Ponzi Scheme ModernHeathcare.com,Urciuoli
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Quality Control at the Second Circuit II: United States v. Kaiser and Historical Truth
I wrote here last week about the Second Circuit's opinion in United States v. Kaiser, which overturned a long line of Second Circuit precedent establishing that willfulness in the context of criminal Exchange Act prosecutions requires the government to prove a defendant's awareness of the general unlawfulness of his/her conduct under the securities laws. I pledged to post again and focus a
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