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In the News and Blogosphere
KARE11 (Minneapolis) – Judge Denies Bail for Tom Petters DOJ Press Release, El Paso Businessman Agrees to Plead Guilty to Conspiracy to Rig Bids and Allocate Customers for Door and Hardware Contracts Cyril Wecht Trial – new judge appointed – see here, here, and here William Yardley, NYTimes, Unrepentant Stevens Finds a Welcome at Home
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New Scholarship
Professor Miriam Baer of Brooklyn Law School has a new piece on SSRN that will be published in the Virginia Law Review. Titled, Linkage and the Deterrence of Corporate Fraud, she says that the Article "focuses on the difficulties of deterring perpetrators of fraud who are in the midst of their crimes, as opposd to
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Operation Direct Hit – A State Investigation
Although the FBI – a federal agency – was involved in the investigation, the charges against two corporations and 61 individuals was brought by a state prosecutor – the district attorney in Queens, New York. An FBI press release speaks to accusations of "engaging in a widespread, multi-million dollar no-fault automobile insurance fraud scheme that
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Reforming Corporate Criminal Liability
The Institute of Legal Reform has issued a new whitepaper on the role of criminal law as it relates to corporate conduct. One of the authors of this Report is former Enron prosecutor Andrew Weissmann. Titled, Reforming Corporate Criminal Liability to Promote Responsible Corporate Behavior – the whitepaper can be found here. It concludes stating
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Massachusetts State Senator Indicted
A Press Release of the United States Attorney’s Office in Massachusetts reports on the indictment of an "[e]ight-term Massachusetts State Senator" "on public corruption charges stemming from her [alleged]acceptance of more than $20,000 in cash payments to introduce legislation in the State Senate." She is charged "with attempted extortion under color of official right and
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Upcoming Conferences
NACDL/Georgetown will present their 4th Annual White Collar Seminar at the Georgetown Law School in Washington, D.C., November 6-7, 2008 – see here ABA – The 25th Annual National Institute on Criminal Tax Fraud, San Francisco, December 4-5, 2008 – see here FCPA: Managing Internal and Government Investigations of FCPA Matters –January 21-22, 2009 ·
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New Articles
A new article on mail fraud by Jack D. Arseneault and Joshua C. Gillette from the New Jersey Lawyer Magazine. It is titled, Federal Honest Services Mail Fraud: The Defining Role of the States. Daniel C. Richman, Political Control of Federal Prosecutions – Looking Back and Looking Forward "explores the mechanisms of control over federal
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Stevens – Guilty
Details can be found at – CNN here; Washington Post here; NYTimes here; WSJ here. The question of whether it was a good move to proceed to trial quickly, to beat the forthcoming election, has now also been answered. Indictment here An added consideration to the prior blog post here, is that if there was any
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Federal Charges for Allegedly Changing Grades
The Acting U.S. Attorney in the Northern District of Florida has charged students for allegedly changing grades in the Florida Agricultural and Mechanical University (FAMU) computer system. A press release states in part, "According to the indictment, the conspirators caused the grades of approximately 90 FAMU students to be changed, effecting changes in approximately 650
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Update on the Stevens Deliberations
The Washington Post (AP) story is titled, Judge Removes Juror in Sen. Stevens’s Trial. When a judge replaces a juror with an alternate, it is necessary that the jury start the deliberations from the beginning. Federal Rule of Criminal Procedure, Rule 24(c)(3) states: Retaining Alternate Jurors. The court may retain alternate jurors after the jury