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Sentencing – Tomko
Guest Blogger Peter D. Hardy, of Post & Schell - Only one day after a panel of the Third Circuit reversed a sentence as substantively unreasonable in US v. Olhovsky, No. 07-1642 (3d Cir. April 16, 2009) (a holding in favor of the defendant), the Third Circuit issued today its en banc opinion in US v. Tomko,
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Discovery, Deferred Prosecution Agreements & the Attorney-Client Privilege
The threat of indictment to a corporation is huge, and one need only look at what happened to Arthur Andersen LL.P to reach this conclusion. In the aftermath of Andersen, many corporations have entered into deferred and non-prosecution agreements with the government, paying huge fines but avoiding prosecution. With their "backs against the wall" the
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Conferences
Northwestern University Law – Judicial Symposium – Criminalization of Corporate Conduct – April 20 – here Georgetown Law Corporate Criminal Law Conference – Achieving the Right Balance: The Role of Corporate Criminal Law in Ensuring Corporate Compliance– April 21 – here ABA – Insider Trading, April 29, webcast here ABA - Internal Corporate Investigations and IN-House
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Race Car Driver Not Guilty of Tax Evasion
Discussed here are recent DOJ press releases related to tax charges and pleas – all immediately prior to the April 15th tax deadline. But the government was fortunate that this result occurred after the 15th - Helio Castroneves was found not guilty of all six counts of tax evasion at his recent trial. See AP, Castroneves
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The New SEC
PBS Nightly Business report had an exclusive interview with SEC Chair Mary Schapiro and one particular interchange caught my eye/ear. Schapiro was asked by Stephanie Dhue whether more people were calling in with tips about Ponzi schemes. Noting the backdrop of the Madoff scandal, SEC Chair Schapiro was asked what they were doing with this information.
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In the News & Around the Blogosphere
Paul N. Monnin & R. Joseph Burby IV, Legal Times (law.com), Dead Companies Can Tell Tales - After a bankruptcy, corporate officers may no longer control the privilege Askby Jones, WSJ Blog, Joe Nacchio Reports to FCP Schuylkill Emily Chasan, Reuters,Ex-Deloitte exec loses bid to dismiss trading case Pamela A. MacLean, National LJ, law.com, Many GCs
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April 15th – Tax Day Is Approaching
One can easily tell that tax day is getting near by just looking at the DOJ Press Releases. Although tax prosecutions occur year round, one can't help but notice the many appearing around April 15th. In a way this publicity is good, because what better way to achieve general deterrence then publicizing the ramifications of not filing
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In the News & Around the Blogosphere
DOJ Press Release,Two Department of Defense Contractors Charged in Bribery Conspiracy Related to DOD Contracts in Afshanistan DOJ Press Release, Former Bristol-Myers Squibb Senior Executive Pleads Guilty for Role in Dishonest Dealings with the Federal Government Ernest Scheyder, Houston Chronicle (AP), Dynegy CEO's 2008 compensation drops 40 percent Glenn C. Colton joins Sonnenschein’s Litigation Practice and Co-Chair
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Conferences
Northwestern University Law – Judicial Symposium – Criminalization of Corporate Conduct – April 20 – here Georgetown Law Corporate Criminal Law Conference – Achieving the Right Balance: The Role of Corporate Criminal Law in Ensuring Corporate Compliance– April 21 – here ABA – Insider Trading, April 29, webcast here ABA - Internal Corporate Investigations and IN-House
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In the News & Around the Blogosphere
John Pacenti, Daily Business Review, law.com, Feds Ordered to Pay More Than $600K in Legal Fees for Misconduct in Fla. Drug Case (more on this later today) Carrie Johnson, Washington Post,Holder Begins Justice Revamp -Personnel Moves Opt for Experience Over Political Ties; Joe Palazzolo, BLT Blog, Holder Names New OPR Chief DOJ Press Release, Three International
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