Blog

  • In the News and Around the Blogosphere

    Larry Neumeister & Tom Hayes, AJC (AP), Madoff to plead guilty, could face up to 150 years; Diana B. Henriques, NYTimes, Madoff Guilty Plea Expected; He Could Face Life in Prison; Robert Chew, Time, No Deal for Madoff, As Victims Prepare to Face Him in Court; Dealbook, NYTimes, Madoff Lawyer Responds to $177 Billion Forfeiture

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  • New Sentencing Article

    Andrew George, Alexandra Walsh, and Bridget Moore, attorneys with Baker Botts LLP, authored a new article in 9 Criminal Litigation (2009) titled "Kimbrough, White Collar Sentencing, and the New Primacy of the Sentencing Commission."  One point made in this article is that "in this new era of commission primacy, defendants may not make much headway

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  • In the News and Around the Blogosphere

    Allan Lengel, Tickethewire.com, Uncertainty Abounds When it Comes to Appointments of U.S. Attorneys John Pacenti, Daily Business Review, law.com, Black Market Peso Exchange at Issue in Kuehne Money-Laundering Case DOJ Press Release, N.J. Industrial Pipes Supply Company and its Co-Owner Plead Guilty to Fraud at Two N.J. Superfund Sites Doug Berman, Sentencing Law & Policy,

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  • Major Criminal Tax Fraud Trial Results In Complete Defense Victory

    This past week a U.S. Virgin Island (USVI) federal jury returned not guilty verdicts on all twenty-six counts in a major federal criminal tax fraud trial. The government alleged that three individuals created and promoted Kapok, a USVI limited partnership, in order to unlawfully obtain tax benefits from a USVI economic development program.  The program

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  • Will Madoff Enter a Guilty Plea

    News reports are indicating that an Information may be filed in the Bernie Madoff matter.  This clearly sends a message that a guilty plea may be forthcoming in this case.  Using an Information, as opposed to Indictment, allows the parties to negotiate the charges that will be brought.  In most cases the individual will be

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  • More From the ABA White Collar Crime Conference

    Some refer to the ABA White Collar Crime Conference as the AUSA’s reunion, as one finds an extremely large crowd of people who used to work in various US Attorney’s offices.  Although I only had the pleasure of staying for one day at this conference, it clearly was a rich program covering truly hot topics

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  • Siegelman-Scrushy Opinion & Commentary

    As noted here, the 11th Circuit issued its decision in the appellate case involving former Governor Don Siegelman and former CEO of HealthSouth Richard Scrushy. Some of the key points in the decision – the court found sufficient evidence "that a reasonable juror could have concluded that Siegelman and Scrushy explicitly agreed to a corrupt

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  • 11th Circuit Rules on Siegelman & Scrushy Case

    See here.  More to follow later. (esp) (w/ a hat tip to Mark Johnson)

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  • ABA White Collar Crime Conference – The Afternoon

    The lunch speaker was Neil M. Barofsky of The Office of the Special Inspector General for the Troubled Asset Relief Program ("SIGTARP"), who provided an entertaining and informative presentation that outlined the criminal activity that this office could prosecute.  I stopped counting how many times he used the word "transparency" but I assure you it

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  • Opening Day at the ABA White Collar Crime Conference

    Although there was a pre-day afternoon of basics and parties, the first full day followed the morning opening remarks. My choice for the morning session was Recent Trials: A Roundtable Discussion. The eight male speakers covered the cases of Michael Greg Reyes (Brocade), Joseph Nacchio (Qwest), Scooter Libby and the KPMG defendants.  One recurring theme

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