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NACDL’s 5th Annual Defending the White Collar Case Seminar – “Pay to Play – The Current Wave of Public Corruption Cases,” Thursday, October 1, 2009
Guest Blogger: Linda Friedman Ramirez, P.A. (Tampa St. Petersburg, FL) Panel Moderator: Abbe David Lowell Panelists: Robert Trout, Karen Patton Seymour, Reid Weingarten, and Edward Genson NACDL's 5th Annual White Collar Crime Conference kicked off today with the Pay to Play panelists jumping into a thorough discussion of the key issues in the defense of
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Beware of What You Say to Counsel Representing a Corporation
The Ninth Circuit Court of Appeals issued a decision in United States v. Ruehle,a case that opens by saying "[w]e here explore the treacherous path which corporate counsel must tread under the attorney client privilege when conducting an internal investigation to advise a publicly traded company on its financial disclosure obligations." The lower court had
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Simpson – Corporate Criminal Intent
William A. Simpson, Corporate Criminal Intent – SSRN Abstract – This paper is about the corporation as criminal defendant. In common-law legal systems a fully constituted criminal offence normally requires proof of both the proscribed action (actus reus) and criminal intent (mens rea). However, it appears highly artificial to describe corporate mens rea with ordinary
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Schipani – Attorney-Client Privilege in Corporate Criminal Investigations
Cindy A. Schipani, The Future of the Attorney-Client Privilege in Corporate Criminal Investigations – SSRN Abstract – This manuscript discusses how the Department of Justice (DOJ) has viewed waiver of the attorney-client privilege as an important factor evidencing cooperation when determining whether to enter non-prosecution or deferred prosecution agreements with firms allegedly involved in criminal
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Hasnas – One Hundred Years of Corporate Criminal Liability
John Hasnas, The Centenary of a Mistake: One Hundred Years of Corporate Criminal Liability, forthcoming American Criminal Law Review – SSRN Abstract – This article argues that there is no justification for corporate criminal liability. First of all, corporations are not moral agents capable of morally praise- or blameworthy action, and hence are not properly
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In the News & Around the Blogosphere
DOJ Press Release, Former KPMG Partner Pleads Guilty in Scheme to Defraud IRS, Saipan Taxing Authorities, and Company Located in Saipan Nick Akerman, National L J,Will the justices rule on the Computer Fraud and Abuse Act? -Two recent cases raise the prospect that the Court will eventually interpret its "without authorization" language. Lawrence Delevingne &
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Baer – Governing Corporate Compliance
Miriam H. Baer, Governing Corporate Compliance, forthcoming Boston College Law Review – SSRN abstract – In light of the financial meltdown of 2008, it is reasonable to question whether the prior decade’s emphasis on corporate compliance – the internal programs that corporations adopt in order to educate employees, improve ethical norms, and detect and prevent
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Ben Kuehne Case Heard in the 11th Circuit
David Oscar Markus (Southern District Florida Blog) reports on the oral argument in the Ben Kuehne case in the 11th Circuit here. What is most amazing here is that the government was appealing the decision of the lower court. For background see here. The statute provides that the term monetary transaction "does not include any
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Vanderbilt Criminal Justice Program
Vanderbilt University Law School now has a Criminal Justice Program, directed by Professor Christopher Slobogin. The Program sponsored its first Roundtable on September 11 & 12 of this year. Participants included Douglas Berman (Ohio State), Stephanos Bibas (Pennsylvania), Dan Kahan (Yale), Tracey Meares (Yale), Joan Petersilia (Stanford), Kevin Reitz (Minnesota), Daniel Richman (Columbia), David Sklansky
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Identity Theft
It is good to see another press article warning of the need to focus on Identity Theft. See Nirvi Shah, Miami Herald, Identity theft growing, getting harder to stop DOJ here has taken a positive step with respect to educating on this crime, and developed a website that provides information such as how to protect yourself from
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