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In the News & Around the Blogosphere
David Hechler, law.com,DOJ Unit That Prosecutes FCPA to Bulk Up 'Substantially' David B. Caruso, law.com (AP), Former Madoff Aide Charged With Conspiracy, Securities Fraud Katten Continues Growth of Washington Litigation Practice with Addition of Three High-Profile Partners (including white collar litigators Joshua G. Berman & Glen Donath and health care and appellate attorney Howard R.
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Commentary on Skilling Oral Argument
I'll pass on the jury prejudice issue and leave it to crimprof to handle this one. But the honest services exchange was fascinating. You have several justices asking where to find this pre-McNally law. (see here). Do you need lawyers, do you have to carry around treatises - but then Justice Alito hits the homerun.
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Oral Arguments in the Skilling Case
The transcript can be found here. The defense focused on the jury prejudice issue, and rightfully so – a victory on this issue goes to all charges. But there was ample discussion of honest services. Some highlights: Justice Scalia – questioning Mr. Dreeben – states: "And there were cases that — that — some of
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Jeff Skilling’s Day With the Supremes is Today
Today is Jeff Skilling's chance to convince the Supreme Court that either section 1346 (intangible rights to honest services) is vague or should only apply to bribery cases, or that his trial was tainted and that there should have been a change for venue. The Skilling case is one of three cases before the Court this
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Reining In Honest Services Fraud
Guest Blogger – Stephen Richer Stephen Richer is the Director of Outreach at Washington Legal Foundation "Show me the man, and I will show you the crime," said Lavrenti Beria, Stalin’s Chief of Police. Such is the sentiment that Noel J. Francisco of Jones Day evoked when describing the Honest Services Fraud Statute at a
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Happenings in Scholarship
Check out Prosecution Notes here (NYU) It includes an article by Michael L. Volkov & Allyson Miller (Dickinson Wright) titled, Prosecutorial Misconduct: An Increasing Problem or Overblown Hysteria? (esp)
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In the News & Around the Blogosphere
Larry Ribstein, Ideoblog, Businesses as movie good guys Martha Neil, ABA Jrl, Law News Now, Attorney in Federal Wire Fraud Case Allegedly Didn’t ID Buyers at Closings; Tim McGlone, The Virginian-Pilot, Lawyer charged in $1M mortgage fraud scheme (w/ a hat tip to Ivan Dominguez) The Record, Bruno's sentence delayed until May DOJ Press Release, Brookhaven Memorial
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Third Circuit Remands Brown (Rite-Aid) Case for Resentencing
An opinion issued by the Third Circuit Court of Appeals here affirmed the convictions of an individual who worked for the Rite Aid Corporation, on convictions for "conspiracy to commit accounting fraud, filing false statements with the SEC, conspiracy to obstruct justice, obstruction of grand jury proceedings, obstruction of government agency proceedings, and witness tampering." Brown,
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In the News & Around the Blogosphere
Fox News,NYC Concrete Test Company Convicted on Corruption Charges John Hielscher & Michael Pollick, Sarasota Herald Tribune, Arthur Nadel pleads guilty to Ponzi scheme Philadelphia Inquirer, AP, Lawyers fear deadline in Veon corruption trial Mark Hamblett, NYLJ, law.com, 2nd Circuit Denies En Banc Review of Lynne Stewart's Sentence Mike Scarcella, BLT Blog, In Miami, Fraud
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Nadel Pleads Guilty
Michael Pollick & John Hielscher of the Sarasota Herald Tribune has the story here. See also Thom Weidlich, Bloomberg, Florida Money Manager Nadel Pleads Guilty to Fraud (esp)