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Sentencing Reyes — Are Attorney’s Fees Subject to Restitution?
Former Brocade Communications CEO Gregory Reyes will be sentenced by U.S. District Court Judge Charles Breyer on January16 for his role in backdating options at the company. There are the usual Federal Sentencing Guidelines issues in the case, including the government’s request for an obstruction of justice enhancement based on Reyes’ affidavit in support of…
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Anticipated Settlement With Sigue Corp?
There have been reports of a forthcoming settlement with California’s Sigue Corp., a money-services business. The terms of any forthcoming deferred prosecution agreement, however, remain to be seen. (Damian Paletta of the Wall Street Jrl has the amount and some terms of the alleged agreement see here). It would seem unlikely that the agreement would…
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The Attorney Merry-Go-Round In the Scruggs Cases
I discussed in an earlier post (here) that you "Can’t Tell the Attorneys in the Scruggs Case Without a Scorecard" because of all the shuffling of counsel in the case. The latest round of plea agreements down in Mississippi sheds a little light on why there was such a flurry of activity on January 9,…
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Wesley Snipes Trial Opens Today
The Wesley Snipes tax trial starts today, and it sounds like the trial will be opening with many watching. Tom Krause of The Tampa Tribune had two articles yesterday: Ocala Rejects ‘Prejudice’ and Snipes Was Asking Questions, Not Scheming IRS, Defense Says. Some of the initial issues likely to arise: Jury – Snipes has questioned whether…
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KPMG – Appellee Brief Filed
The Appellee Brief in Jeffrey Stein et. al. – the KPMG related case – was filed late this past week. And as anticipated by the fact that the appellees requested that the court permit them to file an oversized brief of 25,690 words — it’s long. The filed brief comes in at 25,604 words, which…
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Upcoming Conferences
Foreign Corrupt Practices Act: Bribery in the International Marketplace (January 17, 2008) here Third Annual ABA Homeland Security Institute (January 17-18, 2008) here ABA 22nd Annual National Institute on White Collar Crime (March 5-7, 2008) here Beyond Legal: A Business Approach to Corporate Governance (May 8-9, 2008) here Foreign Corrupt Practices Act: Voluntary Disclosures (CD)…
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Marion Jones Sentenced to Six Months
Former Olympic gold medalist Marion Jones received a six-month prison sentence from U.S. District Judge Kenneth Karas for her guilty plea to two counts of making false statements, the maximum recommended term under the Federal Sentencing Guidelines for the offenses. Jones was interviewed by federal agents in 2003 and again in 2006, the first time…
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Who Picks the Monitors
A standard feature of most deferred and non-prosecution agreements involving corporations is the appointment of an outside monitor to ensure the company’s compliance with the terms of the settlement, which often includes increased internal controls and other changes to the line of business that triggered the investigation. These agreements have become the norm these days,…
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Immunity Demands on Capitol Hill
Immunity has become an issue in two high-profile Congressional investigations: the House Oversight and Government Affairs hearings on steroid use in baseball and the House Intelligence Committee session on the destruction by the CIA of the interrogation videotapes in 2005. Jose Rodriguez, the former Director of the CIA’s National Clandestine Service who order the tapes…
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Stupid Fraud Tricks
In a scene reminiscent of 1988’s Weekend At Bernie’s — or perhaps out of the horrible 1993 sequel, Weekend At Bernie’s II — two men took the body of a dead friend to a check-cashing store to try to cash his what was probably his last Social Security check. A New York Times story (here)…
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