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In the News & Blogosphere
Anchorage Daily News, Opinion, Palin’s Stall: Governor is stonewalling the Troopergate investigation Vanessa Blum, Florida Sun Sentinel, Defense attorney group criticizes charges against S. Florida lawyer (discussing the Ben Kuehne case) Rosalind S. Halderman & John Wagner, Washington Post, Sen Exum Is Subject of Probe By FBI Jason Cato, Pittsburgh Tribune Review, Federal appeals court removes
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Upcoming ABA Sentencing Conference
Sentencing Advocacy, Practice and Reform Institute Presented by The American Bar Association Criminal Justice Section October 24, 2008 The Marvin Center, George Washington University 800 21st St., Washington, DC The Section is holding a block of sleeping rooms at The River Inn, 924 25th Street, N.W., a short walk to the Marvin Center at GWU,
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En Banc Mail Fraud Case
Initially the Eleventh Circuit Court of Appeals in United States v. Svete reversed and remanded 5 counts in a case where the defendants were "convicted of conspiracy, mail fraud, money laundering, and interstate transportation of money obtained by fraud, all charges being related to their dealings with viaticals." (see here) But an en banc court
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Wecht – New Trial Allowed, But New Eyes to Oversee
The Third Circuit Court of Appeals issued its opinion in the Cyril Wecht case refusing to accept the defense double jeopardy argument, but using its supervisory powers to provide for a new judge to hear the case. The court stated: "Our holding today that there is no constitutional bar to retrying Dr. Wecht does not
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In the News & Around the Blogsphere
Clarion- Ledger, Minor asks 5th Circuit to reconsider his bail request Paul Egan, Detroit News, Mayor’s legal woes far from over Allie Grasgreen, Chronicle of Higher Education (subscription required), Former Professor Is Convicted of Sharing Sensitive Research Rachel Breitman, The AMLaw Daily, Two Alaska Lawyers Face Off in Sarah Palin Ethics Investigation Alison Frankel, The
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Abramoff Sentenced
The Reward for Cooperation is four years. Perhaps the most important reward here was that his sentence would be served concurrently with his prior sentence (see here). See Wall St Jrl (AP), Lobbyist Abramoff Faces Sentencing Neil Lewis, NYTimes, Abramoff Is Sentenced to 4 Years in Prison Doug Berman, Sentencing Law & Policy, Jack Abramoff
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Detroit Mayor Pleads – Commentary
The media is reporting that Detroit Mayor Kwame Kilpatrick will plead guilty (see below). Looking at the plea reported by the press, one can understand why he would plead guilty. The risk of trial can be enormous, both in possible punishment, cost of legal counsel fees, and personal family and psychological costs. This plea offers
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Response to Frank Bowman
Guest Blogger – Stephanie Martz – Senior Director, White Collar Crime Policy, National Association of Criminal Defense Lawyers (NACDL) Professor Frank Bowman’s piece in The Legal Times ("Somebody Has to Cry Foul," August 18, 2008) is geared towards a singular thesis – that "the decline of civil regulation makes open-ended criminal statutes necessary." As a
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Reply Brief Filed in Ionia Case
The briefs are now all filed in the case of United States v. Ionia Management, the most recent being the Appellant’s Reply Brief (see below). The briefs are: Defendant-Appellant’s Brief – here Government-Appellee Brief – here Amicus Brief – here Defendant-Appellant’s Reply Brief – Download ionia_reply_final_82908.pdf Although there are many worthwhile issues in this case,
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Upcoming Sentencing of Goyal, former CFO of McAfee
Prabhat Goyal, former CFO of McAfee, will be sentenced in early October. Convicted in May 2007 for securities fraud and for making false statements to auditors, Goyal was found to have failed to recognize revenue generated by sales to a distributor using sell-in accounting. Like the recent trials of the Rigases and Bernie Ebbers, the