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DOJ Will Not Appeal Stolt-Nielsen Decision
The DOJ is taking a cautious and wise position in the dismissal of the Stolt-Nielsen Indictment by a court (see here for background) by deciding not to appeal this matter. Issuing a Press Release, the DOJ states: "The Department of Justice has determined that it will not appeal the dismissal of the indictment in U.S.…
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Commentary on Skilling’s Reply Brief
The Skilling Reply Brief is lengthy as noted here, although not as long as defense counsel would have liked. Their opening line in the Statement of Facts is that "[s]pace limitations preclude a full recitation of the Task Force’s distortion of the trial record." (emphasis added) The irony in the opening portion that details some…
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Mortgage Fraud: Déjà Vu All Over Again
The Wall Street Journal had a front-page article (here) about a mortgage fraud scheme in Atlanta that implies a substantial portion of the foreclosures occurring around the country involve some type of fraud by an assortment of buyers, appraisers, closing attorneys, mortgage brokers, and assorted scam artists. The title is "Fraud Seen as a Driver…
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Skilling’s Reply Brief Arrives, Just In Time for the Holidays
In case you need a nice 161-page brief to get you through those colds nights this holiday season, below is Jeffrey Skilling’s reply brief challenging his convictions in the Enron prosecution. This is the shortest brief filed to this point, less than the 200-page tomes filed by both sides in their initial submissions — but…
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Fifth Circuit Recommends Impeachment of Federal District Judge
The Judicial Council of the Fifth Circuit filed a report (available below) that will be sent to Chief Justice Roberts recommending the impeachment of U.S. District Judge G. Thomas Porteous, Jr., who sits on the U.S. District Court for the Eastern District of Louisiana. Judge Porteous served as a state court judge in the 24th…
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When Will Scruggs Go to Trial?
The prosecution of Dickie Scruggs and three co-defendants on charges related to alleged bribes paid to a state court judge had been scheduled for trial on January 22, but the defendants have asked for a three- to four-month delay because they claim not to have received all the discovery in the case. The government filed…
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Will a Perjury Trap Be Set for Roger Clemens on Capitol Hill?
There is nothing quite like a high-profile scandal to attract Congressmen like moths to a flame, and the Mitchell Report on steroid and HGH use in baseball is one of the brightest flames around these days. Two Congressional Committees have scheduled hearings in January on the issue, inviting former Senator George Mitchell and MLB Commissioner…
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Film Exec and Wife Charged with FCPA Violation
A Press Release of the DOJ tells that "a film executive and his spouse were arrested today on allegations of making corrupt payments to a Thai government official in order to obtain lucrative contracts to run an international film festival in Bangkok, in violation of the Foreign Corrupt Practices Act (FCPA)." The case – -charged…
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Creating a Structure for Deferred Prosecution Agreements
New Jersey Congressman Bill Pascrell, Jr., has proposed that the House Judiciary Committee and the Department of Justice work together on legislation, or at least adopt internal policies, to guide the drafting and implementation of deferred prosecution agreements. Hardly a month goes by without a DPA or non-prosecution agreement being reached with a company under…
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More On Nacchio Appellate Argument
It is not surprising to hear from TalkLeft that the 10th Circuit Court of Appeals scrutinized the materiality issue in the Nacchio case. (see here) As co-blogger Peter Henning said to the Denver Post (here) "the most compelling argument relates to jury instructions on the materiality or significance of information Nacchio had and publicly disclosed."…
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