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Conferences
Institute of Continuing Legal Education in Georgia, Corporate Internal Investigations, March 20 – see Download corporate_internal_investigations_seminar_march_20.pdf 14th Annual LatCrit Conference – OUTSIDERS INSIDE: CRITICAL OUTSIDER THEORY AND PRAXIS IN THE POLICYMAKING OF THE NEW AMERICAN REGIME – see Download latcrit_xiv_call_for_papers_and_panels_final_march9noon1.doc Federal Sentencing Guidelines – The Annual National Seminar – June 10-12, New Orleans here ABA,
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In the News & Around the Blogosphere
DOJ Press Release, Third Defendant Pleads Guilty to Money Laundering Scheme Involving Bribes for Contracts at Kuwait Army Base David Hechler, Corporate Counsel, Did compliance programs fail the test during the financial industry meltdown? Chad Brey, WSJ, DOJ Releases Letters By Victims Regarding Madoff Plea Brent Kendall, WSJ, FBI Ramps Up Probes of Financial, Mortgage
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Supremes to Hear White Collar Case from Enron Broadband
The U.S. Supreme Court is set to hear oral argument tomorrow on the case of Yeager v. United States, (see here) a case that reexamines the collateral estoppel rule in a white collar context. The question before the Court is: "Whether, when a jury acquits a defendant on multiple counts but fails to reach a verdict on other counts
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Madoff – Stay in Jail – Age Matters
The Second Circuit Court of Appeals issued a Summary Order finding that Bernie Madoff should remain in jail during the pending of his case before the court. The court notes that the "burden is on a defendant to demonstrate by clear and convincing evidence that he is not likely to flee or pose a danger to
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Nacchio Files Petition for Cert
Joseph P. Nacchio, former CEO of Qwest Communications filed a Petition for Certiorari in the U.S. Supreme Court. He argues that the Tenth Circuit decision (en banc) conflicts with other circuits. The decision in the 10th Circuit was split 5-4 (see here and here). The issues presented in this Cert Petition are: "1. Whether the defendant is
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In the News & Around the Blogosphere
Catherine Tsai, Houston Chronicle, Nacchio prison term delayed; tests show no cancer Mark Hamblett, NYLJ, law.com, Madoff's Attorney Faces Tough Questions in Bail Appeal Chris Reinolds, AJC, Alpharetta currency trader charged in Ponzi scheme – CRE Capital founder set to turn himself in Friday John Marzulli & Thomas Zambito, Daily News, Bernie Madoff's hellhole: Ponzi schemer
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In the News & Around the Blogosphere
Chronicle of Higher Education,A 4th University Is Missing Money in Alleged $554-Million Swindle (subscription required) Gary Craig, Democrat and Chronicle.com,Feds join county probe into contractors Randall Mikkelsen, Reuters,Justice Dept looking at AIG bonuses Noeleen G. Walden, NYLJ, law.com, Bank of America Ordered to Give Bonus Data to N.Y. Attorney General (esp)
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Prosecutorial Misconduct?
Curt Anderson, Florida AP, US prosecutors accused of misconduct in case - Did prosecutors authorize two witnesses to record their conversations with defense counsel? And did the prosecutor fail to reveal evidence to the defense? The more important question is – what would defense counsel have faced if the tables were turned. (esp)
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White Collar Statistics
The numbers for December 2008 have been released by TRAC (see here) and white collar prosecutions were down 17.3 % from five years previous. The jurisdictions with the largest number of prosecutions per capita were the Southern District of Mississippi, the Middle District of Louisiana, and the District of Montana. But again, these statistics need
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Criminal Complaint Against Madoff Accountant
The DOJ and SEC are both widening the net of individuals being accused of conduct related to the Madoff matter. The latest complaints (SEC and DOJ) are against his accountant. What is particularly interesting here is the question of what are the responsibilities of an individual who may have access to financial matters of another. Is there an obligation