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Senate Happenings – Criminalizing the Filing of False Fishing Licenses
An executive business meeting is set for the Senate Judiciary Committee for February 26, 2009. On the agenda are S. 386 – Fraud Enforcement and Recovery Act and S. 49 – Public Corruption Prosecution Improvements Act (see here). The most troublesome aspect of this latter bill is its attempt to provide increased prosecutorial power on
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Upcoming Events
ABA, 23rd Annual National Institute on White Collar Crime, March 4-6, San Francisco Strafford, CFIUS Regulations for Foreign Investment in the U.S., March 25, telephone conference ABA, Internal Corporate Investigations and In-House Counsel, May 7-8, Washington D.C. here Eighteenth Annual National Seminar on the Federal Sentencing Guidelines, May 21-22, Clearwater Beach, Florida (details down the road)
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In the News & Around the Blogosphere
Bob Mook, Denver Business Jrl, Dryer Sentenced to 132 years ("one of the harshest given for a white-collar crime in Denver District Court") Henri E. Cauvin, Washington Post, More Muscle Against Mortgage Fraud – U.S., State, Local Agencies Form Task Force Clifford Krauss, Julie Creswell & Charlie Savage, Fraud Case Shakes a Billionaire’s Caribbean Realm
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Kuehne Case – Count Seven Dismissed
Will the government finally get the message that this prosecution just wasn’t meant to be? The court dismissed the case against a co-defendant (see here), dismissed Court One against Kuehne (see here), and now Court Seven is dismissed. The most recent dismissal is yet more evidence of the government’s stretching to make this prosecution. The
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UBS – Deferred Prosecution and Ramifications
Deferred prosecution agreements can have ramifications to many. A DOJ press release states that "UBS AG, Switzerland’s largest bank, has entered into a deferred prosecution agreement on charges of conspiring to defraud the United States by impeding the Internal Revenue Service (IRS), the Justice Department…" The press release further states: "As part of the deferred
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In the News & Around the Blogosphere
David Scheer & Alison Fitzgerald, Bloomberg, Stanford Attorney’s Withdrawal ‘Screams Fraud,” Spurred SEC Clifford Krauss, Phillip L. Zweis & Julie Crewell, NYTimes, U.S. Accuses Texas Financial Firm of $8 Billion Fraud Mike Scarcella, Legal Times, law.com, DOJ Prosecutors Replaced in Post-Trial Stevens Litigation DOJ Press Release, Justice Department Receives $4 Billion in Grant Funding as a
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White Collar Crime Issues Across the Pond
Fionnan Sheahan, Independent.ie, Government refuses to ask fraud squad to investigate (concerning investigations in banking) Michael O’Regan, Irishtimes.com, Irish white-collar criminals should be ‘in handcuffs’ (esp)
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Court Dismisses Co-Defendant in Kuehne Case
Hon. Marcia G. Cooke, of the Southern District of Florida, Miami Division, issued an Order dismissing a co-defendant in the case against Ben Kuehne. (For background on the Ben Kuehne case see here) This co-defendant had been charged with a "single count of conspiracy to commit money laundering." In dismissing the case, the court stated:
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In the News & Around the Blogosphere
James Glanz, C.J. Chivers, & William Rashbaum, NYTimes, Inquiry on Graft in Iraq Focuses on U.S. Officers Lynnley Browning, NYTimes, U.S. Seeks New Powers to Fight Tax Evasion The Crime Report, Nearly $4 Billion For Criminal Justice In Stimulus Package (w/ a hat tip to Ted Gest) DOJ Press Release, Accounting Firm Attorney Pleads Guilty
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The Proposed New Fraud Act – Both NACDL and Heritage Voice Opposition
Clearly there is a need for increased regulation to stop fraudulent activities. In this past year, there have been too many innocent victims of fraud. The legislative response, however, is disappointing. As I told Chisun Lee at ProPublica, here, it uses a hammer to hit the wrong nail. Parts of the new legislation are promising.
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