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Ben Kuehne’s Speech to Supporters
David Oscar Markus, Southern District of Florida Blog, Ben Kuehne Thanks His Supporters (esp)
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Senate Judiciary Hearing on Financial Crisis
Yesterday, the Senate Judiciary Committee held a full committee hearing on "Mortgage Fraud, Securities Fraud, and the Financial Meltdown: Prosecuting Those Responsible." Testifying at the hearing were: Assistant AG Lanny Breuer, Director Enforcement Division SEC Robert Khuzami, and FBI Assistant Director Kevin Perkins. One can listen to the hearing here. The opening speaker, Lanny Breuer (see written
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Corporate Fraud Task Force Moves Into the Financial Fraud Task Force
In a recent press release, President Barak Obama announced that he was establishing an interagency Financial Fraud Enforcement Task Force. The executive order (13519) lists a long list of individuals offices that will be represented on this task force (e.g. Homeland Security, FTC, SBA). Yes, TARP is also at the table. At the head of the task force is
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In the News & Around the Blogosphere
DOJ Press Release, Former NFL Player Sentenced to Nearly Five Years in Fraud Scheme that Cost Victims Over $5 Million Michael F. Perlis & Wrenn E. Chais, Forbes, Investigating The FCPA Ben Hallman, AmLawLitigationDaily, SEC to Insider Traders: Watch What You Say John Pacenti, law.com, Daily Business Review, Why Suspicions About Fla. Firm's Alleged Ponzi
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Highlights From the Black and Weyhrauch Oral Arguments
Reviewing the transcripts of today's Oral Arguments in the Black and Weyhrauch cases (for background see here), here are some additional highlights: Black Justice Scalia – "you speak as though it is up to us to write the statute. We can make it mean whatever it – you know, whatever would — would save it
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Oral Arguments: Black v. US and Weyhrauch v. US
Guest Blogger – Timothy O'Toole – Miller & Chevalier This morning's arguments before the Supreme Court raised important questions related to a species of federal mail and wire fraud known as "honest services" fraud. The statutory basis for this theory is 18 U.S.C. 1346, a 28 word law passed in 1988 that essentially says that depriving
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Honest Services Day – Preview
The media and blogs have been buzzing for the last few days, all discussing the big oral arguments of today. For at long last, the Supreme Court will examine the "honest services" statute (18 U.S.C. 1346), a statute that claims itself to be a definition statute for use with many of the fraud statutes. Defendants in mail and wire
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Bruno Convicted on Two Counts – Not Guilty on Five Counts
Nicholas Confessore, NYTimes, Bruno, Former Albany Leader, Convicted of Corruption; Irene Jay Liu, TimesUnion.com, Bruno convicted on 2 counts, not guilty on five. But the interesting question is what will happen in the next months regarding section 1346 of the mail/wire/other fraud statutes. Tomorrow the Supreme Court will hear oral arguments in Black and Weyrauch, cases
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Death Penalty – ALI Withdraws Model Penal Code 210.6
What does the death penalty have to do with white collar crime? Perhaps the most obvious item to those who practice white collar criminal defense work, is that many white collar attorneys handle or assist on capital cases. It therefore seems important to notice the white collar attorneys of a recent American Law Institute change.
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False Statement Passport Statute Does Not Require Materiality
A defendant convicted of violating 18 U.S.C. 1542, a statute pertaining to a false statement in an application for a passport, argued unsuccessfully that materiality was required. The Second Circuit held that unlike section 1001, materiality was not an element of this particular statute. Authoring the opinion, Hon. Jose Cabranes noted that this issue was
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