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11th Circuit Pattern Jury Instruction for Mail Fraud Has Problems
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." Additionally, the court sent the entire case back
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Link Problem on the Blog
Just wanted to notify everyone that I have been made aware that one link on the blog was hijacked. The matter is being corrected and the blog is being examined to avoid this problem in the future. I appreciate being notified of any problems you find. Thanks. (esp)
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KPMG (Stein) Case Argued in the Second Circuit
The Second Circuit Court of Appeals heard oral arguments on the KPMG related case (Stein). Amir Efrati of the Wall Street Journal provides a detailed description of this hearing in an article titled KPMG Prosecutors Come Under Scrutiny. For some of the background, briefs, and more see the entries in this index here and the
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In the News
AP – Bush Pardons 15 and Commutes Another Financial Week – Former Pharma CFO Faces Fewer Charges – Bristol-Myers’ Frederick Schiff set to go on trial today, but not for failing to correct misstatements Darryl Fears, Washington Post – Refusal Keeps Terrorism Convict in Prison – Former Professor Fights Attempts to Force His Testimony Against
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Law School Rankings
Law School Rankings are about to be released and the ABA Journal is ready and waiting. The ABA Journal sent out an email and asked that bloggers pass it along to readers. It begins by telling of the recent article on the cover of the ABA Journal that talks about U.S. News & World Report’s
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The Nigerian Barge Case – Will It Sink?
Tom Kirkendall’s Houston ClearThinkers has the Motion to Dismiss filed on behalf of a former Merrill Lynch executive who is awaiting retrial (see here). As anticipated, the Fastow Notes – and the alleged failure of the prosecution to provide exculpatory material to the defense – may prove devastating to this prosecution. The Motion includes numerous
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Export Violation Nets 24 Year Sentence
A press release of the Department of Justice states that an individual was "found guilty by a federal jury in May 2007 of conspiracy, two counts of attempting to violate export control laws, failing to register as an agent of a foreign government and making false statements to federal investigators." The sentence imposed was 293
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Detroit Mayor and Former Chief of Staff Charged
Perjury, obstruction, conspiracy, and misconduct, are the charges brought by the Wayne County prosecutor against the Mayor of Detroit and his former chief of staff. Dan Webb is representing the mayor and is calling this a "selective prosecution." The prosecutor in this case chose to respond to what was said by defense counsel. The
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Deferred Prosecution in AB Volvo, et. al
The fact that AB Volvo entered into a deferred prosecution agreement was previously discussed here. Based upon this agreement it seems unlikely that there will be a company statement, at least one that has not first been vetted through the DOJ. The deferred prosecution agreement in paragraph 14 states: "14. Statements to the Media: In
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Alcoa Investigation
Glenn R. Simpson, of the Wall Street Journal, has an article this morning titled, "U.S. Opens Alcoa Bribery Probe." Alcoa, a global company, clearly has internal rules related to the giving and taking of company gifts. For example, one finds this one on the company website: "Gifts, favors and entertainment may be given at company
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