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We Mourn the Passing of Professor Stanton Wheeler
We mourn the passing of Professor Stanton Wheeler. Professor Wheeler was the Ford Foundation Professor Emeritus of Law and Social Sciences and Professorial Lecturer in Law at Yale Law School. Bio here. NYTimes Obit here. A list of his extraordinary works in the area of white collar crime can be found here. He was well…
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The Timing on Libby Dropping His Appeal
Yesterday was Sentencing Day. From the Gall and Kimbrough decisions by the Supreme Court (here), the sentencing of Michael Vick (here) and Conrad Black (here), Libby dropping his appeal could easily have slipped by without much notice. But in the new world of blogs, that seldom happens. It was mentioned here, as well as Doug…
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Conrad Black Sentenced to 6 1/2 Years
Conrad Black received a sentence of 6 1/2 years. (see here, here, and here). This is far from the 24 years requested by the government. (Sun Times calls it giving him a break here) But it is also above some predictions (see here). Black made a statement at the sentencing hearing (he did express regret…
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Vick Sentenced to 23-Month Term
Things are happening so fast today that it’s hard to keep up. Former Atlanta Falcons quarterback Michael Vick received a 23-month prison term, at the higher end of the Sentencing Guidelines range. The sentencing played out along the same lines as two co-defendants in the dog fighting case, who also were sentenced on the higher…
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What do Gall and Kimbrough Mean for White Collar Cases
The Supreme Court issued opinions today in the long awaited cases of Kimbrough v. United States and Gall v. United States. Both decisions provide added deference to the district court decision on sentencing. In Kimbrough the Court finds that a "judge may consider the disparity between the Guidelines’ treatment of crack and powder cocaine offenses."…
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Every Man Has His Price
Professor Stuart Green is joining us this week as a guest blogger. He is Louis B. Porterie Professor of Law at the Paul M. Hebert Law Center at Louisiana State University, where he has taught since 1995. His current project is a monograph entitled Property, Crime, and Morals: Theft Law in the Information Age, which…
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Conrad Black – Bail Pending Appeal?
With Conrad Black most certainly facing jail time, there are three possible scenarios here: 1) he could be ordered to go directly to jail; 2) he could be ordered to go to jail but allowed time for the specific placement to be made and then he could be allowed to report to that facility; 3)…
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An Interesting Twist in the Reyes Case
The prosecution of former Brocade Communications CEO Gregory Reyes has taken a new turn with the defense filing a motion for a new trial (available below) based on newly discovered evidence, specifically a witness who may not have been entirely truthful in her testimony. Reyes was the first defendant convicted for fraud based on options…
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How Do You Charge a Dead Person With Fraud?
Frauds come in many different forms. There is mail fraud, wire fraud, securities fraud and even computer fraud. But death fraud? And how do you charge a dead person with fraud? The Washington Post discusses such a charge in a recent case in England.(see here). (esp)
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What to Watch For at Lord Black’s Sentencing
Lord Conrad Black and his three codefendants, Peter Atkinson, Jack Boultbee, and Mark Kipnis, are scheduled to be sentenced by U.S. District Judge Amy St. Eve on December 10. An earlier post (here) discussed the contentions of the U.S. Attorney and the defendants over various Sentencing Guidelines issues, and the Judge has a range of…
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