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In the News
Laurel Brubaker Calkins, Bloomberg, Ex-Merrill Banker Asks U.S. to Probe Enron Prosecutor Mike Robinson, USA Today (AP) – Corruption fighters find Chicago a challenge DOJ Press Release – San Gabriel Valley Woman Arrested on Federal Fraud Charges for Defrauding Medicar out of $12 Million DOJ Press Release – Three Miami Area Brothers and Physician’s Assistant
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Stringer: What Are Others Saying
In United States v. Stringer, the Ninth Circuit held that "[t]here is nothing improper about the government undertaking simultaneous criminal and civil investigations." The court reversed a district court opinion that had held that "that the government had engaged in deceitful conduct, in violation of defendants’ due process rights, by simultaneously pursuing civil and criminal
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Commentary on Bridge Case
The Supreme Court ruled in Bridge et al. v. Phoenix Bond & Indemnity Co. et. al., on the role of reliance when RICO is premised on a predicate act of mail fraud (see here). The Court’s opinion is not surprising. Here are some thoughts – Since its passage in 1970, the Court has been reluctant to
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Supreme Court Rules in RICO Mail Fraud Case
In a unanimous opinion delivered by Justice Thomas in the case of Bridge et al. v. Phoenix Bond & Indemnity Co. et. al., the Supreme Court stated: "The Racketeer Influenced and Corrupt Organizations Act (RICO or Act), 18 U. S. C. §§1961–1968, provides a private right of action for treble damages to "[a]ny person injured
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Getting an Indictment Instead of a Job
With unemployment high, with people desperate for jobs, we may be seeing more instances of alleged puffing or fraud in the job search process. But one doesn’t expect the government to be spending its time prosecuting individuals based upon alleged fraud in the job search. But Martha Graybow, Reuters, U.S. Businessman Accused of Fraud in
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Court Instructions in a Section 1346 Case
Jury Instructions can be important in a trial. In addition to serving as a basis for an appeal, they can also provide the jury with an understanding of the law. The legal complexities often seen in a white collar case make jury instructions particularly important. In a recent case that alleged fraud, where the prosecution
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Re-evaluating Corporate Criminal Liability – Ionia
The briefs in the case of United States v. Ionia Management, S.A. are now starting to appear in the Second Circuit, where the case will be heard on appeal. And although the case has worthwhile arguments related to statutory construction, sentencing, and procedure, the focus here is on the issue of whether there was sufficient
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Conrad Black Appeal Heard by 7th Circuit
The Seventh Circuit Court of Appeals listened to arguments in the Conrad Black appeal. The panel included Hon. Richard Posner. Here are stories describing the oral argument – Chicago Tribune (AP) – Black’s attorneys tell court his trial wasn’t fair Susan Chandler, Chicago Tribune – Judges appear cool to Black appeal – Media baron didn’t
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In the News
Stephen Labaton, NYTimes, Intel Facing Antitrust Investigation DOJ Press Release – Oregon Corporation and Its President Sentenced for Hazardous Waste Violations (esp)
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Non-Prosecution Agreement in FCPA Matter
Who gets prosecuted, who gets a deferred prosecution agreement, and better yet – who gets a non-prosecution agreement? Prosecutorial discretion plays an enormous role in answering this question. And in many ways this is good when prosecutors are factoring in human aspects such as trying to avoid harm to innocent third parties. But many in
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