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Animal Cruelty and White Collar Crime
The Supreme Court issued its decision in United States v. Stevens invalidating a statute "to criminalize the commercial creation, sale, or possession of certain depictions of animal cruelty." This is not a white collar crime case, but the decision provides interesting language that may be relevant for the forthcoming trilogy of cases pertaining to "honest
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In the News & Around the Blogosphere
Gene Johnson, Seattle Post Intelligencer (AP), Feds in Wash. vow new focus on white-collar crime Ken Thomas, AJC.com, Moving faster, Toyota recalls SUVs, agrees to fine Marcia Coyle, BLT Blog, New Guidelines on Corporate Offenders and Prison Alternatives Approved HDTVPhilly57, 2 Face Additional Charges In NJ Corruption Probe Myfoxdc.com, Blagojevich Wants to Subpoena Obama in
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Federal Sentencing Commission Modifies Sentencing Guidelines Pertaining to Organizations
Guest Bloggers – Raymond Banoun, Margaret Ryznar* Earlier this month, the United States Sentencing Commission voted to change the Sentencing Guidelines pertaining to organizations, which included modifications to Chapter 8 of the Federal Sentencing Guidelines Manual—the provisions governing the sentencing of organizations in federal court. These changes will take effect November 1, 2010, barring any
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The CIA & Liability For Rogue Employees
Many have been advocating for a "good faith" defense when a rogue employee does an act within the corporation that is diametrically opposed to company policy (see here). There is an understanding that corporate compliance cannot control every action, and that on occasion the best of corporations will not be able to control the activities
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Well Done DOJ – StopFraud.gov
A DOJ Press Release announces the new website StopFraud.gov. It comes out of the Financial Fraud Enforcement Task Force. DOJ describes it as, "a one-stop shop for the American people to learn how to protect themselves from fraud and to report it wherever – and however – it occurs. It will also serve as a
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In the News & Around the Blogopshere
DOJ Press Release, Two Houston-area Residents Convicted in Medicare Fraud Scheme Involving Fraudulent Claims of Hurricane Damage to Power Wheelchairs Jenna Greene, BLT Blog, SEC Charges Goldman, Sachs with Fraud Mike Scarcella, law.com, Federal prosecutors seek testimony of company's lawyers in Ponzi scheme investigation Matt A Puzzi & Adam Goldman, AP, Yahoo News, Destruction of
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Former NSA Senior Executive Charged
A DOJ Press Release tells of a 10-count Indictment (Main Justice Blog has Indictment here) against a former senior National Security Agency official. The charges include "the willful retention of classified information, obstruction of justice and making false statements." The allegations are extremely serious – although he is not charged with leaking information, but rather the retention of
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In the News & Around the Blogosphere
Fox 8 News, AP, Former transit agency official in Cleveland sentenced to 8 years for corruption CNN, Details of prosecution case against Blagojevich revealed DOJ Press Release, Former ATF Agent Pleads Guilty to Making False Statements DOJ Press Release, Costa Rica-Based Business Opportunity Fraud Operator Sentenced to 115 Months in Prison by Miami Judge Mike Scarcella,
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Tax, Tax, Tax
As April 15th was approaching, an increasing number of tax related cases were being prosecuted. Here are just a few recent DOJ Press Releases: Former Hope, Idaho Resident Indicted on Tax Charges Justice Department Sues to Stop Birmingham-Area Tax Return Preparers U.S. Sues Missouri Lawyer to Halt Alleged Tax-Fraud Schemes Phoenix Men Charged in Money Laundering and
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New Scholarship
James K. Robinson, Jeannine F. D'Amico & Anne Marie Helm, Recent Developments in Requiring Expert Testimony in Criminal Securities Fraud Cases Michael Seigel, Corporate America Fights Back: The Battle Over Waiver of the Attorney-Client Privilege Lisa Casey, Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution of Honest Services Fraud Amanda P. Reeves & Maurice