Blog

  • Wesley Snipes: What to Expect This Week

    The prosecution rested in the Wesley Snipes case with a prosecution tax witness making the final statement to the jury. (See Orlando Sentinel AP here and Stephen Hudak here and here).  Rick Cundiff at Ocala.com reports on discovery issues regarding one of the prosecution witnesses. And the star, Snipes, seems to be getting a crowd…

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  • Technology Does It Again – The Mayor of Detroit

    This time the technology provides text messages that prove problematic to the Mayor of Detroit. The messages relate to his relationship with a member of his staff. But what may be even more devastating is that a prosecutor is now investigating whether these messages prove prior lying that may have been under oath. (NYTimes here;…

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  • Responding to the Massive Fraud at Société Générale — A Study in Contrasts

    Legal cultures respond differently to reports of wrongdoing, and the disclosure of the massive fraud in France perpetrated by a "rogue trader" identified as Jérôme Kerviel shows how different things can be.  One of France’s oldest banks, Société Générale was chartered in 1864 by Napoleon III and is now the country’s second largest publicly traded…

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  • Collateral Consequences?

    HealthSouth was often in the news during the trials of former company CEO Richard Scrushy.  One trial ended with not-guilty verdicts, while the other found Scrushy guilty of charges of mail fraud, conspiracy, and bribery. (see here).  But whenever a CEO of a company like HealthSouth is facing charges, there are likely to be repercussions…

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  • Deferred Prosecution Agreement for Former Monster Worldwide CEO

    Former Monster Worldwide CEO Andrew McKelvey entered into a deferred prosecution agreement with the U.S. Attorney’s Office for the Southern District of New York (available below) related to options backdating at the company.  This is the second such deferral agreement involving an individual in a white collar crime case that I’m aware of, the other…

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  • Onto the Amici Briefs in the KPMG case

    After a long list of briefs by many of the individuals in the KPMG related matter, things are now turning to the briefs of the amici.  We have three to report on here: 1) Brief of Amici Former Attorney General and U.S. Attorneys in Support of Affirmance. Clearly this is an extremely strong brief.   Having…

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  • Headlines

    Baltimore Judge Faces Charges of Pollution – Baltimore Sun  (see also Md. Judge Criminally Charged in Environmental Case – ABA Law Jrl News Now) Feds Raid 4 Calif. Museums in Claimed Art Smuggling Scheme – ABA Law Jrl News Now Snipes Warned IRS Agents: Back Off Or Face "Increased Collateral Risk" – Ocala.com Former Prison…

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  • Bonds Moves to Dismiss the Indictment

    Home run king Barry Bonds moved to dismiss the perjury and obstruction of justice indictment (brief available below), asserting that the charges are duplicitous — one of my all-time favorite legal arguments — and that the questions posed were so ambiguous that his answers were not false as a matter of law.  A count of…

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  • An Invitation That’s Not Really an Invitation

    in·vi·ta·tion (nv-tshn): The act of inviting. A spoken or written request for someone’s presence or participation. I’ve always taken the word "invitation" to mean something that a person can turn down, but apparently that’s not the case when it comes from a Congressional Committee.  The House Oversight and Government Reform Committee asked three former New…

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  • Could Scruggs Lose His Tobacco Settlement Fees?

    A reader sent a question asking whether, in light of all the bribery allegations leveled against famed plaintiffs lawyer Dickie Scruggs, the government could seek to forfeit the reputed $1 billion fee he received for his role in the state tobacco litigation that resulted in a $248 billion settlement.  We certainly aim to please here…

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