Blog

  • Skilling Asks for En Banc Hearing

    Not surprisingly, Jeffrey Skilling is asking the Fifth Circuit for an en banc hearing.  He focuses on three issues, with the lead one being premised on "honest services" fraud.  The petition argues that the panel’s decision is in conflict with other Fifth Circuit decisions, including U.S. v. Brown. It also raises the issue of vagueness

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  • Upcoming Events

    KPMG Forensic, Webcast: FCPA Enforcement – The Paradigm Shift of 2008 – January 28, 2009 – here Holtz, Rubenstein, Reminick, LLP, Implications and Consequences of the Alleged Fraud of Bernard Madoff – January 21, 2009 – here (note change of venue) (esp)

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  • Second Circuit Affirms Ionia Management Case

    The Second Circuit Court of Appeals affirmed the case of U.S. v. Ionia Management  rejecting the amici curiae argument regarding vicarious liability (for background see here).  The court stated: "Adding such an element is contrary to the precedent of our Circuit on this issue. See Twentieth Century Fox Film Corp., 882 F. 2d at 660

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  • Bush – Stingy on Pardons?

    Check out P.S. Ruckman’s PardonPower Blog here for the list of quotes by others who predicted last minute pardons. But it looks like Bush might leave with but an added two sentence commutations to his list (see here; see also Dan Eggen & Carrie Johnson, Washington Post, Bush Commutes Sentences of Ex-Agents) and without anything

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  • Do We Need More Regulation

    Check out – Christine Armario, AP, No sign of US financier or his clients’ millions .  The overriding question here, yet again, is do we need more oversight and regulation?  And will those with money, especially those who were previously opposed to regulation, now be in favor of it? (esp)

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  • In the News & Around the Blogosphere

    DOJ Press Release, A Third Former Home Depot Employee Pleads Guilty to Vendor Kickback Scheme & Filing False Tax Returns Mike Scarcella, BLT Blog, AG Mukasey Given Reprieve in Stevens Case Inquiry David Ingram, BLT Blog, Holder Hearing Wraps Up With Confirmation Expected DOJ  Press Release, Four Executives Agree to Plead Guilty in Global LCD

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  • Prosecutors – Don’t Indict Attorneys for Giving Legal Advice

    Vesselin Mitev, NLJ (Law.com), Lawyer Cannot Be Prosecuted for Giving Advice, Panel Finds -The attorney last year denied encouraging the resignation by the nurses, who had been accused by the DA of abandoning their patients The NY State Supreme Court, Appellate Division, Second Judicial Department rejects the prosecution of an attorney who had been indicted

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  • In the News & Around the Blogosphere

    Sentencing Commission Press Release, United States Sentencing Commission to Conduct Regional Public Hearings on Federal Sentencing Policy, Series of Hearings Coincide with 25th Anniversary of Sentencing Reform Act here John Leland, NYTimes, Swindlers Find Growing Market in Foreclosures Amir Efrati & Chad Bray, Wall St Jrl, Cuomo Subpoenas Madoff Investor – Case Focuses on Whether

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  • Holder’s Hearing

    One thing was certain in listening to Eric Holder’s testimony – there will no longer be politicized hiring at the justice department. And that’s good. See also Joe Palazzolo, BLT Blog, Holder Lays Out His Priorities; Carrie Johnson, Washington Post,  Waterboarding Is Torture, Holder Tells Senators — Justice Dept. Nominee Rejects Bush-Era Policies but Stresses

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  • In the News and Around the Blogosphere

    DOJ Press Release,  Alabama-Based Hospice Company Pays U.S. $24.7 Million to Settle Health Care Fraud Claims DOJ Press Release, Medical Clinic Executives and Worker Plead Guilty to $5.3 Medicare Fraud Scheme DOJ Press Release, Eli Lilly and Company Agrees to Pay $1.415 Billion to Resolve Allegations of Off-label Promotion of Zyprexa — $515 Million Criminal

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