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Catch-up on Some Recent White Collar Cases
Ninth Circuit – United States v. Berger – Court stated: "While we decline to extend the Dura Pharmaceuticalsprinciple to criminal securities fraud, we conclude that the district court's loss calculation approach was nevertheless flawed. Thus, although we conclude that the district court used the correct standard of proof in determining the total loss, we vacate
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Recent Articles
Albert Alschuler, Two Ways to Think About the Punishment of Corporations – here George M. Cohen, Of Coerced Waiver, Government Leverage, and Corporate Loyalty: The Holder-Thompson-McNulty Memos and Their Critics John Humbach, Director Liability for Corporate Crimes: Lawyers as Safe Haven? Cindy A. Schipani, The Future of the Attorney-Client Privilege in Corporate Criminal Investigations Larry
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In the News & Around the Blogosphere
Ben Hallman, American Lawyer, law.com, Comverse to Pay $225 Million in Backdating Settlement Michael Pollick, Herald Tribune.com, Ponzi convictions are weightier now – FRAUD CHARGES: Sarasotans will face more than a slap on the wrist if found guilty DOJ Press Release, Three Detroit-Area Residents Plead Guilty to Health Care Fraud DOJ Press Release, Former FBI
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In the News & Around the Blogosphere
Joel Stashenko, NYLJ, law.com, Former N.Y. Judge Sentenced to 27 Months in Jail for Attempted Bribery DOJ Press Release, Oklahoma Man Sentenced to 12 Months in Prison for Kickback Scheme Involving Government Contract in Afghanistan Bill Mateja, Op-ed, Dallas Morning News, Supreme Court should void 'honest services' Mike Scarella, The National Law Journal, DOJ Urges Closed
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In the News & Around the Blogosphere
DOJ Press Release, Retired Army Major Sentenced to 57 Months in Prison for Role in Bribery Scheme Involving DOD Contracts in Kuwait Justin Blum, Bloomberg, Prosecution Drop May Embolden Bankruptcy Fraud as Filings Surge Dan Levine, The Recorder, law.com, Feds Want Former McKesson HBOC Chairman Taken Into Custody Michael Pollick, HeraldTribune.com, Grand jury indicts 3 on
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In the News & Around the Blogosphere
Lyle Denniston, Scotus Blog, Two Argument Changes Set - Skilling Case Moved Up to March 1 David Ingram, BLT Blog, Former Office Manager in U.S. Senate Indicted Press Release, Department of Treasury, U.S. Treasury Department Announces Joint $536 Million Settlement with Credit Suisse AG Brad Heath, USA Today, Fraud Prosecutions Fell as Crisis Loomed Larry Ribstein,
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Government Misconduct Results in Dismissal of Backdating Case
It is rare that a judge uses supervisory powers to correct an injustice, but sometimes it is the right action – especially when there has been government misconduct. The Hon. Cormac J. Carney used his supervisory powers to dismiss the case against former Broadcom's Henry Nicholas III, and former CFO William Ruehle, stating: "Based on
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SEALS – CALL FOR PAPERS
SEALS Call for Papers Law Professors - The Southeastern Association of Law Schools (SEALS) has a call for papers – CALL FOR PAPERS A roundtable discussion will be held at SEALS 2010 on "Re-evaluating Corporate Criminal Liability." Among the questions that deserve focus in this area are the following: Should we discard corporate criminal liability? Should
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In the News & Around the Blogosphere
NYTimes, AP, Mississippi: Executive Pleads Guilty Gary S. Chafetz, Huffington Post, The Final Days of Honest-Services Fraud Diana B. Henriques, NYTimes, ,S.E.C. Proposal May Help Some of Madoff’s Early Investors Press Their Claims Zachery Kouwe, NYTimes, Lawyer Pleads Guilty to Selling Insider Tips Amanda Bronstad, National LJ, law.com, Additional Allegations of Prosecutorial Misconduct Raised in
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Without Honest Services, the Government Will Live
The WSJ Blog asks – "If Honest-Services Law is Struck, Will an "Earthquake Ensue?" During the hearing on Mortgage Fraud, Securities Fraud, and the Financial Meltdown: Prosecuting Those Responsible, Assistant AG Lanny Breuer, in response to a question, talked about the importance of having a statute such as the honest services statute. (see here) But is it really
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