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Fifth Circuit Rules on Executing Administrative Warrants
John Wesley Hall, at FourthAmendment.com tells of a recent OSHA case that held that "[t]here is no constitutional right to a pre-execution contempt hearing and that administrative warrants, like criminal warrants, can be executed by means of reasonable force." Attorney Hall talks about the recent Fifth Circuit decision in Trinity Marine Products v. Chao which…
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Which Crimes Should Be Investigated?
Normally one finds federal prosecutors saying "no comment" on pending investigations. But the San Francisco Chronicle reported earlier this week a reverse scenario. It seems prosecutors were calling individuals in the press to obtain information related to State Senate President Pro Tem Don Perata (see here). It seems this white collar investigation has been ongoing…
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Tough Times for Two Texas DAs
The holidays are always a slow time for news, so when a couple prosecutors find themselves in a little hot water it draws more than the usual amount of media attention. Harris County DA Chuck Rosenthal’s office turned over a slug of e-mails as part of the discovery in a civil rights case against the…
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2007 White Collar Crime Awards
In the finest end-of-the-year tradition of various media outlets, we again honor individuals and organizations for their work this year in the white collar crime arena by bestowing "The Collar" on those who deserve our praise, scorn, acknowledgment, blessing, curse, or whatever else you can think of that would be appropriate. Comments are open if…
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How Not to Respond to a Malpractice Verdict
Being accused of legal malpractice is not much fun, so being found liable has to be much worse. But to then try to avoid the judgment by filing for bankruptcy and using other subterfuges can result in a criminal prosecution for contempt, as one New York lawyer discovered. In a case that shows some people…
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Avoiding the Whipsaw of Possible Conflicts for Barry Bonds’ Attorneys
The first issue raised by the government in the prosecution of Barry Bonds for perjury and obstruction of justice involves the potential — or perhaps even actual — conflict of interest his two new attorneys may have because of their prior work representing witnesses in the Balco (Bay Area Laboratory Co-operative) steroids investigation. The much-heralded…
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Yet Another FCPA Matter – This Time It’s Lucent
Cases involving the Foreign Corrupt Practices Act (FCPA) are clearly on the rise. This time it involves a settlement with Lucent Technologies, Inc. The company will be paying a fine of one million dollars to resolve FCPA allegations. What is happening with these settlements is that the contours of what is permitted expenses and what…
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Wishing Everyone A Happy Holiday
Wishing everyone a healthy, happy, and peaceful holiday. (ph) & (esp)
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The Fastow Notes
As noted by Tom Kirkendall here, the Fifth Circuit has ordered that the Enron Task Force notes regarding Andrew Fastow need to be turned over to defense counsel. This order was initially made in the Jeff Skilling case and now has also been included in the Nigerian Barge case (see here). The bottom line is…
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The Letters for White Collar Offenders
Oftentimes in white collar cases, the convicted individual will present letters in an attempt to convince the court to give a lenient sentence. (see here and here). There has been ample discussion about the value that should be afforded to letters written for white collar offenders. Do they matter and should they? Should the letters…
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