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Corporate Criminal Liability – What Will the Second Circuit Say?
This past week the Second Circuit heard oral argument in the Ionia case. Although there are many worthwhile issues in this case, a key one that merits consideration is the level of culpability of a corporation for the acts of a rogue employee. Will the court take the step, as has been done in some
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AALS Private Screening on Human Trafficking
An Exclusive LexisNexis Private Screening at AALS It is estimated that one million people, mostly women and children, are trafficked around the world each year, lured into involuntary servitude and sexual slavery. The gross and unjust economic exploitation of vulnerable people is a direct result of an absence of Rule of Law. As a company
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In the News and Around the Blogosphere
Colin Perkel, The Canadian Press, Chances of President Bush granting leniency to Conrad Black called infinitesimal Doug Berman, Sentencing Law & Policy, Through the federal clemency looking glass with Holder DOJ Press Release, Mississippi Lawyer Pleads Guilty for Failing to File Tax Returns on Income Exceeding $2.5 Million (esp)
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In the News and Around the Blogosphere
Carl Hulse, NYTimes, Democrats Gain as Stevens Loses Race DOJ Press Release, Miami Physicians Sentenced to Prison for Their Roles in a $6.8 Million Medicare Fraud Scheme (one received 37 months and the other 48 months) DOJ Press Release, Former Congressional Legislative Assistant Pleads Guilty to Failing to Report Thousands of Dollars in Illegal Gifts
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More on the Ben Kuehne Case
Dan Slater has a wonderful piece on the importance of the Sixth Amendment’s Right to Counsel and the implications to this right when the government proceeds criminally against legal counsel. See Dan Slater, Wall St Jrl, Scales of Justice: The Right to Counsel vs. the Need to Bar Tainted Legal Fees The article speaks directly
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AG Holder?
Everyone appears to be dropping Eric Holder’s name as the likely next Attorney General. See Ashby Jones, WSJ Blog, Report: Obama ‘Deeply Interested’ in Eric Holder as AG; LA Times, Looks like Eric Holder, ex-Clinton acting AG, will be Obama’s AG Some appear to be focused on what role he may have played in the
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Prosecutorial Power – Indicts VP
Prosecutors have enormous power. They can pick and chose who to indict and for what crimes. The saying goes that a prosecutor can get a grand jury to indict a ham sandwich if the prosecutor wants that (see here for history of this phrase) -although some may claim otherwise. The prosecutorial discretion that comes with
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In the News and Around the Blogosphere
Chronicle of Higher Education, Cuomo Is Investigating College Ties to Student-Health Insurers DOJ Press Release, D.C. Court of Appeals Clears Way for $200 Million Restitution Order in Tax Fraud Conviction Chad Brey, CNN Money (Dow Jones), Lawyer Indicted In Tax-Shelter Fraud Scheme Dan Slater, WSJ Blog, At Long Last, Enron Shareholders Set to Cash Out
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In the News and Around the Blogosphere
Margy Love, Washington Post (Op-Ed), In Defense of Lame-Duck Pardons DOJ Press Release, Two Charged with Illegal Trading with Iran DOJ Press Release, Virginia Physicist Pleads Guilty to Illegally Exporting Space Launch Data to China and Offering Bribes to Chinese Officials Mike Scacella, BLT Blog, Sentencing Guidelines Disputed in D.C. Circuit Tax Fraud Case DOJ
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SEC Complaint Against Owner of the Dallas Mavericks
An SEC press release reports that "[t]he Securities and Exchange Commission today charged Dallas entrepreneur Mark Cuban with insider trading for [allegedly] selling 600,000 shares of the stock of an Internet search engine company on the basis of material, non-public information concerning an impending stock offering." Use of the word charge may leave the wrong
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