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Indictment – Attorneys and Accountants
The indictment against seven individuals – "three former shareholders of the Jenkens & Gilchrist law firm (J&G), the former Chief Executive Officer and a former tax partner from the BDO Seidman accounting firm (BDO), and two former bankers from a foreign bank with headquarters in New York (Bank A)" is a top news item. The accusations are
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More on Boyle
The Supreme Court's decision in Boyle clarifies the law on association-in-fact enterprises in RICO. (See here). For an in-depth analysis of this decision, see Hugh Kaplan's piece in BNA's Criminal Law Reporter & White Collar Crime Report - Reproduced with permission from Criminal Law Reporter, 85 CrL 347 (June 10, 2009). Copyright 2009 by The Bureau of
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In the News & Around the Blogosphere
DOJ Press Release, New Jersey University Hospital to Pay Additional $2 Million to Resolve Fraud Claims That Facility Double Billed Medicaid David Glenn, Chronicle of Higher Education, Education Dean's Fraud Case Teaches U. of Louisville a Hard Lesson (requires subscription) (w/ a hat tip to Professor Robert Batey) DOJ Press Release, Defense Department Official Indicted on
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In the News and Around the Blogosphere
Ashby Jones, WSJ Blog, Gone But Not Forgotten: Jenkins & Gilchrist Trio Indicted for Tax Fraud Zachery A. Goldfarb, Washington Post, Mortgage Pioneer Accused Of Fraud -Former Countrywide CEO Sued by SEC Over Risky Lending (w/ a hat tip to Tiffany Joslyn of NACDL) Jason Cato, Pittsburgh Tribune Review, Majority of defendants in corruption cases by
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Check These Out –
Dan Hurson, United States: A New Approach For The SEC—Criminal Enforcement And Mandatory Disclosure Of Violations By Public Companies The United States Securities and Exchange Commission ("SEC") is hard at work remaking and re-energizing both its image and law enforcement role. It is also trying to ensure its survival as the premier agency overseeing the
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Cert Denied – Former Tyco CEO & CFO
L. Dennis Kozlowski and Mark Swartz, former CEO and CFO of Tyco, had no luck with getting their case heard in the Supreme Court, as their petition for certiorari was denied. (see here) For details on their petition, see here. See also Andrew Ross Sorkin (ed.), Dealbook, NYTimes, Supreme Court Will Not Hear Ex-Tyco Chief’s Appeal (esp)
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Supreme Court Decides Boyle – RICO Enterprise Case
In a 7-2 decision, the Supreme Court held that yes - RICO association-in-fact enterprises require an "ascertainable structure beyond that inherent in the pattern of racketeering activity in which it engages, but no – "an instruction framed in this precise language is not necessary." (Boyle v. United States). In the first part of the decision, the Court looks are three questions
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DiMasi Indictment
The U.S. Attorneys Office in Massachusetts indicted the former Massachusetts Speaker of the House, Salvatore F. Dimasi, along with three associates on charges of conspiracy, mail and wire fraud (using the honest services statute), and money laundering. Dimasi served as speaker of the house from October 2004 through January 2009. The Indictment makes a point of noting
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In the News & Around the Blogosphere
Jennifer Buske & Josh White, Washington Post, Insiders Linked to Pr. William Fraud Case -4 Accused of Bilking County of Millions By Rigging Bids Soon-to-be-Justice Sotomayor – Connecticut Law Tribune, 2nd Circuit Judge Calabresi on Former Student and Current Colleague Sotomayor; Joe Stephens and Del Quentin Wilber, Gritty First Job Shaped Nominee Mark Hamblett, NYLJrl,
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Wecht Case Over
There is no press release on the website of the US Attorney for the Western District of Pennsylvania announcing the dismissal of the case against Cyril Wecht. But one seldom finds a US Attorney's Office posting a press release on a case dismissal – it always seems to be the indictments and convictions that they are anxious to report.
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