Blog

  • Cert Granted in Another 1346 Mail Fraud Case

    Earlier this term, the Supreme Court granted certiorari in the Conrad Black case, a case premised upon the honest services intangible rights doctrine of the mail fraud statute (see here).  Now a second case has cert granted - Weyhrauch v. United States – that also presents a question regarding section 1346. The question presented is: "Whether, to convict

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  • Madoff’s Sentence – “Symbolic” of What?

    Clearly Madoff's sentence is "symbolic."  It symbolizes an incredibly long sentence being given to a white collar offender, something that has happened in the past but is not common, and hardly ever to this extent for a white collar individual.  (see here)  But should a sentence be for a "symbolic" purpose? Clearly Madoff cannot serve 150

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  • Commentary on Madoff Sentence

    150 years (see here) – more than a lifetime is the sentence given to Bernie Madoff by Hon. Denny Chin.  It was clear that the 12 years requested by defense counsel would never be a reality, and it was also clear that Madoff would likely spend the rest of his life in prison. But a

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  • Madoff – Sentenced to More Than A Lifetime

    The Hon. Denny Chin gave a sentence of 150 years to Bernie Madoff, a number a far cry from the 12 years asked for by defense counsel. (see here)  Jack Healy, NYTimes, Madoff Sentenced to 150 Years in Prison for Ponzi Scheme Chad Bray, WSJ, Madoff Sentenced to 150 Years Washington Post, Madoff Sentenced To

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  • Madoff- Preliminary Order on Forfeiture

    The Preliminary Order on Forfeiture has been issued.  See here.  Commentary to follow.  (esp)

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  • In the News & Around the Blogosphere

    Andrea Chang, LATimes, 3 acquitted in Ralphs lockout case -A federal jury finds the supermarket executives not guilty in a scheme to rehire locked-out workers using false Social Security numbers. The chain and other managers have previously pleaded guilty. (w/ hats off to Attorney Evan A. Jenness for her successful representation) Jim Schaefer, Ben Schmitt,

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  • Stanford Gets Bail, But After Jumpsuit Walk

    Who gets bail and who remains in jail has been interesting to watch. The question is not limited to one stage of the criminal process, as the issue arises 1) upon indictment and arrest, 2) after a guilty finding at trial, 3) after sentencing, and 4) after an initial appellate ruling.   The first stage – upon indictment and

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  • Madoff

    The talk of the town is Madoff, assuming one is limited to discussions in the white collar area.  With some comparisons and non-comparisons to Stanford, (see here) and others looking at Skilling's case. (See Business Week here). The sentencing is set for Monday, and the latest is that Bernie Madoff will be allowed to appear in

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  • In the News & Around the Blogosphere

    Angela Delli Santi, phillyburbs.com (AP), Christie to testify on monitor deals Sam Wood, Philadelphia Inquirer, Shakeup in roster at U.S. Attorney's Office DOJ Press Release, Two Military Officials Plead Guilty to Bribery, Fraud and Conspiracy Related to Defense Contracts in Afghanistan (esp) (blogging from Atlanta airport)

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  • Stanford and Other Execs Indicted

    Robert Standard, chair of Stanford Financial Group, along with three executives from the company and one "former chief officer of the Antiguan bank regulatory agency" were indicted.  A DOJ Press Release states: According to the indictment, Stanford and his co-defendants engaged in a scheme to defraud investors who purchased approximately $7 billion in certificates of deposit administered by

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