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In the News & Around the Blogosphere
Nathan Vardi, Forbes,How Federal Crackdown on Bribery Hurts Business And Enriches Insiders Amanda Bronstad, NLJ, Former chief of KB Home argues that conviction should be tossed Amy Miller, law.com, SEC Suspends Former McKesson General Counsel Mark Hamblett, law.com,Perjury Charge Is Focus of Debate Over Lynne Stewart Resentencing Jim Puzzanghera and E. Scott Reckard, Los Angeles
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Ninth Circuit Affirms Brokers’ Duty To Disclose Material Commissions
GUEST BLOGGER-SOLOMON L. WISENBERG Last week, in a significant decision construing SEC Rule 10b-5 in the context of criminal prosecutions, the Ninth Circuit held that "if a broker and a client have a trust relationship…then the broker has an obligation to disclose all facts material to that relationship." The case is United States v. Laurienti
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In the News & Around the Blogosphere
Zachary A. Goldfarb, Wash Post, SEC is hiring more experts to assess complex financial systems Mike McKee, law.com, 9th Circuit Backs Barry Bonds in Perjury Case John Pacenti, Daily Business Review, law.com, Rothstein Gets 50-Year Sentence for $1.2 Billion Ponzi Scheme Eliane Engeler, law.com, (AP), Swiss Parliament Approves Tax Deal With U.S. in UBS Dispute
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Mass State Court Rejects Collective Knowledge
In determining the mens rea under corporate criminal liability, federal courts have sometimes used a theory of "collective knowledge." In U.S. v. Bank of New England, 821 F.2d 844 (1st Cir. 1987), the court found that the knowledge of a corporation "is the sum of the knowledge of all of the employees." This appears not
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BP Redux
Guest Blogger – Benson Weintraub The daily images of oil soaked wildlife and soiled beaches—not to mention the loss of human life from British Petroleum’s Deepwater Horizon explosion on April 20, 2010—is a reminder that corporate crime can only be reduced by a change in corporate culture. However, BP failed to heed this organizational imperative.
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Skilling Magazine Article – Well Worth the Time to Read
With no ruling on the Jeffrey Skilling case today, you might have time to read what Dr. Archelle Georgiou has written in CNN Money – Fortune titled, Skilling speaks: Enron CEO's jailhouse interview. (esp)
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No Supreme Court Opinions on Mail Fraud Today
Many anxiously await the trilogy of cases pending on section 1346. But today will not be the day. (esp)(back in Gulfport, Florida)
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Charging Many Counts Can Result in Hearing the Words “Not Guilty” Many Times
Sholom Rubashkin, the manager of a kosher meat plant in Iowa, had been unsuccessful in federal court as he was found guilty of bank fraud and related charges resulting from a raid premised on illegal immigration. He awaits sentencing in that case (see background here). But the same result is not seen on the state side in charges
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In the News & Around the Blogosphere
NJ.com (AP),Second Jersey City official arrested in corruption sting gets delayed sentencing John Kass, Chicago Tribune, Blago jury in for a wild ride Mike Scarcella, BLT Blog, DOJ, House General Counsel Spar Over Subpoena Martha Neil, ABA Jrl., Ex-COO for Rothstein Firm Takes Plea, Explains Why She Helped With $1.4B Scheme (hat tip to Ivan Dominguez)
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The Constitution (and its Confrontation Clause): An Inconvenience Pact
GUEST BLOGGER-SOLOMON L. WISENBERG The Boston Globe carries this article today by John R. Ellement, echoing Massachusetts prosecutors' complaints that defense lawyers in the Bay State are "exploiting" the Supreme Court's 2009 Confrontation Clause decision in Melendez-Diaz v. Massachusetts. (Melendez-Diaz applied the Supreme Court's earlier Crawford v. Washington holding to forensic analysts' laboratory reports.) According to the article, "the state’s 35 chemists have been
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