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ABA/NACDL Program: The Supreme Court Rules On Honest Services Fraud
The ABA Criminal Justice Section White Collar Crime Committee Public Corruption Subcommittee and The National Association of Criminal Defense Lawyers Invite you to join them for: Judgment Day: The Supreme Court Rules On Honest Services Fraud Understanding the Outcome and Its Ramifications Presenters: Abbe David Lowell - McDermott Will & Emery; Timothy P. O'Toole – Miller
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DOJ Refines Role Between DOJ/Monitors/Corporations in Deferred Prosescution Agreements
DOJ issued a press release, dated May 25, 2010, that provides additional guidance on the use of monitors in deferred and non-prosecution agreements. Where the Morford Memorandum had outlined nine basic principles for drafting monitor-related provisions in agreements, this new release provides an additional consideration. The memo provides that "[a]n agreement should explain what role the
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Welcome Solomon L. Wisenberg – New Contributing Editor
I am pleased to announce that Solomon L. Wisenberg of Barnes & Thornburg LLP will be joining the white collar crime prof blog as a contributing editor. You can read more about his extensive background here. (esp)
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Corporate Counsel or Individual Counsel
The tension between whether corporate counsel is representing an individual employee or the corporation has proved problematic in several cases. The issue can arise when there is a claim of attorney-client privilege. In United States v. Graf, the Ninth Circuit Court of Appeals considered this issue as corporate counsel was "called to testify in opposition to the
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Law Review Articles or Amicus Briefs – The Skilling & Weyrauch Cases
In a post-Skilling entry, the question is raised on this blog as to whether "[i]n adopting a position expressed by a law professor in an amicus brief, is the Court saying that law professors should focus on writing amici briefs and not law review articles?" (see here) Tony Mauro, in a Brief of The Week: Weyrauch v.
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Snamprogetti Netherlands B.V. to Pay $240 Million in FCPA Resolution
A press release of the DOJ advises that "Snamprogetti Netherlands B.V., (Snamprogetti) has agreed to pay a $240 million criminal penalty to resolve charges related to the Foreign Corrupt Practices Act (FCPA) for its participation in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts…" The company entered
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In the News & Around the Blogosphere
DOJ Press Release,Italian Executive Extradited from Germany to the United States to Face Foreign Bribery Charges John Pacenti & Polyana da Costa, law.com, Rothstein Partner Mostly Mum on Ponzi Scheme – Rosenfeldt refuses to answer most deposition questions on role in fraud, political contributions Katie Durio, KATC.com, United States Asks Court to Dismiss Charges in Poverty
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DOJ Issues Name Clearing Letter And Acknowledgment of DPA Side Agreement
In a highly unusual move, DOJ issued a letter vindicating an individual who had suffered as a result of a side agreement that had been entered with a 2007 Deferred Prosecution Agreement with American Express. Sergio Masvidal, former American Express Bank International Chair filed a suit charging that his constitutional rights had been violated when the court approved
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In the News & Around the Blogosphere
DOJ Press Release, New Jersey UBS Client Pleads Guilty to Failing to Report More Than $2 Million in Swiss Bank Account Barry Bearak, The Seattle Times (NYTimes), South Africa's former chief of police found guilty of corruption Don Siegelman files new motion to recuse judge – Download PL 2010 06 28 Sieg 2ND RECUAL MOT
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Quality Control at the Second Circuit: 38 Years of Willfulness Jurisprudence Thrown Out in Kaiser?
GUEST BLOGGER-SOLOMON L. WISENBERG Former U.S. FoodService ("USF") purchasing and marketing chief Mark Kaiser's convictions on charges of conspiracy and securities fraud were reversed on Thursday, and the case was remanded for a new trial. The Second Circuit's opinion is here. The reversal was based on Judge Griesa's faulty charge on conscious avoidance which was held
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