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Quid Pro Quo Ad Absurdum
I’ve been talking during my week-long guest stint at White Collar Crime Prof Blog about the crime of bribery and some of its enduring problems. The Second Circuit has recently issued an opinion in United States v. Ganim (available below), that reminds us of just how thoroughly confused the law in this area has become.…
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The Mitchell Report Is Unlikely to Trigger a Wave of Prosecutions
The long-awaited report by former Senator George Mitchell and a cast of associates and partners from DLA Piper has landed — all 400+ pages counting appendices — and the sensational headlines are already available. The report (here) names a few prominent players for their use of performance enhancing drugs, including future Hall of Famers Barry…
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Senate Judiciary Committee Approves Contempt Citations for Rove and Bolten
The Senate Judiciary approved by a 12-7 vote — Senators Specter and Grassley joined the ten Democrats in favor — contempt citations (here) for former White House aides Karl Rove and Josh Bolten for their refusal to produce documents or even appear before the Committee as part of its investigation of the firing of eight…
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Iowa State Senator Found Not Guilty
An Iowa state Senator charged with one count of attempted extortion under the Hobbs Act was found not guilty of by a jury. As discussed in an earlier post (here), the defense had filed a motion to dismiss for prosecutorial misconduct. The case involved recordings by a prosecuting witness with the state Senator, and he…
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Margy Love on Bush’s 2007 Holiday Pardons
Margaret Colgate Love, who served as US Pardon Attorney for seven years, comments on the recent Bush pardons as follows: "It has been more than a year since Bush issued any post-sentence pardons so it was encouraging to see a fairly substantial batch of cases this time — though, as in the past, most of…
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Be Kind to Your Corporate Monitor
An article on Law.Com (here) discusses how counsel for public companies have to deal with that new animal, the corporate monitor, if there is a government investigation of significant wrongdoing at the organization. The advent of deferred and non-prosecution agreements since the demise of Arthur Andersen made federal prosecutors chary about indicting companies, has usually…
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More on Public and Private Bribery
Yesterday, I talked a bit about a new consultation paper on the law of bribery issued by the Law Commission of England and Wales. One of the report’s most striking recommendations is that bribery in the private sector be treated the same as bribery in the public sector. From an American perspective, the recommendation is…
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Fraud Without Loss in the Reyes Case
Former Brocade CEO Gregory Reyes got a dose of pretty good news from U.S. District Judge Charles Breyer about his upcoming sentencing for options backdating at the company. In an opinion (available below) discussing various sentencing issues, Judge Breyer determined that the government did not propose any reasonable method for determining the loss from the…
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The Lawyer Gets Probation
With the recent focus on the Conrad Black sentencing of 6.5 years, many failed to notice the co-defendants. Yet there were three and one was an attorney. Judge Amy St. Eve placed Conrad Black’s former corporate counsel at Hollinger International on five years probation. The government wanted significantly more time, but the court recognized that…
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Upcoming Conferences
12/13/07 – ABA – Thompson/McNulty Memorandum and Beyond – details here. 12/6-7/07 – ABA – Criminal Tax Fraud – details here 1/9/08 – Strafford – Foreign Corrupt Practices Act – Voluntary Disclosures – details here 3/5-7/08 – ABA 22nd National White Collar Crime Institute – details here. 5/1-4/08 – NACDL – White Collar Crime Track…
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