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The Stevens Case – The Government Has Problems
It sounds like the government has several issues in its prosecution of Senator Ted Stevens. For one there has been the question of whether the prosecution has provided all exculpatory material to the defense. It is mandatory that all exculpatory material be turned over to the defense. In addition to this being a requirement of
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In the News and Blogosphere
Washington Post, Grand Jury Indicts Alleged Palin Hacker (charged under 18 U.S.C. 1030 – the computer fraud statute) DOJ Press Release, Former Department of Defense Contractor Pleads Guilty to Participating in Scheme to Steal $39.6 Million Worth of Fuel from U.S. Army in Iraq Robert G. Morvillo and Robert J. Anello, Calculating Loss Under the
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Task Force Reports – What Is Missing?
So where’s the task force to deal with the current financial situation? The President’s Corporate Fraud Task Force was created several years ago to prosecute corporate frauds. (see here) It’s 2008 Report attempts to demonstrate the successes achieved by this task force. But as noted here, the Report failed to provide the "not guilty" verdicts
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ABA White Collar Crime Conference
Hold the Date – National Institute on White Collar Crime – see here Date: March 4-6, 2009Format: National Institute Location:Westin St. Francis, San Francisco, CA (esp)
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The Importance of the Attorney-Client Privilege
John Wagner of the Washington Post has an article titled, Ethics Counsel Testimony Is Sought in Currie Probe. It is an important investigative piece as it reports on a subpoena that was served on the Maryland legislature’s ethics counsel. The federal investigation appears to involve Senator Ulysses Currie and the feds seem to want attorney-client
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In the News & Blogosphere
Mike Stanton & W. Zachary Malinowski, Projo.com, Split Verdict in Roger Williams Corruption Case Carrie Johnson, Washington Post, Court Won’t Force Testimony On Firings of U.S. Attorneys -Issue Left to Next Congress In Victory for White House Del Quintin Wilber, Washington Post, Jurors Hear Stevens Talk Of Possible Punishment – FBI Enlisted Benefactor And Taped
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White Collar Sentencing Decision
How many times should a person be sentenced and at what point does the continued uncertainty constitute part of the punishment. Although the First Circuit does not cover this aspect in its recent decision in the United States v. Thurston case, it does state: "This, the third review of William Thurston’s sentence, was necessitated by
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Internal Investigation Costs as Restitution
In United States v. Amato, the Second Circuit held that restitution could be ordered under the mandatory Victims Restitution Act of 1996 for victim’s expenses of attorney fees and auditing costs that were a "direct and foreseeable result of the offense." The court stated: "Defendants perpetrated a complicated fraud against a large corporation and a
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Some Highlights from the Third Annual ABA Securities Fraud Conference
Talk about a hot topic – there were no available seats in the room for the session titled The Sub-Prime Meltdown: Reactions and Action at the SEC and DOJ, and people were standing in the back and on one side of the room. Moderating the panel, Philip Hilder, introduced the topic by saying that we are
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Acquittal in Backdating Case
Former General Counsel at McAfee was acquitted in a case of alleged backdating. Dan Levine has a wonderful piece describing the "intent" issue faced by the jury in this case. See Dan Levine, The Recorder, No Charges Stick to Former McAfee General Counsel in DOJ Case Mens Rea is typically the most crucial element in
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