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Update on Bonds’ Appearance in Federal Court
Above the Law has eyewitness reports (here) on the initial appearance and arraignment of Barry Bonds. In addition to the usual procedures, such as Bonds being released without having to post bond or surrender his passport, it appears that the conflict of interest issue with one of his new attorneys, Christine Arguedas, is an issue,…
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Would You Take Barry Bonds As a Client?
Home run king Barry Bonds is supposed to appear in federal court for his initial appearance — and most likely an arraignment — on perjury and obstruction of justice charges contained in a federal indictment issued in San Francisco. A Wall Street Journal article (here), by Bay Area legal maven Justin Scheck, points out the…
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How Do You Lose a Search Warrant?
Compared to a grand jury subpoena, obtaining a search warrant involves quite a bit of hassle for the prosecutor. While the subpoena is just mailed out, a warrant requires a detailed affidavit, preparation of the warrant that meets the Fourth Amendment specificity requirements for the place to be searched and items to be seized, and…
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The Slow Moving Freight Train That Is U.S. v. Stein
If you’ve ever sat at a railroad crossing waiting for a freight train to pass, it is such agony as an endless stream of cars rolls by. I suspect the participants in the KPMG tax shelter prosecution may be feeling the same way as the case moves at a languid pace. U.S. District Judge Lewis…
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Former Brocade HR Manager Found Guilty
The second defendant from Brocade Communications was found guilty by a jury in San Francisco on charges related to options backdating at the company. Stephanie Jensen, the former human resources manager for the company, was convicted on one count of conspiracy and one count of filing false records with the SEC. Jensen was charged with…
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The Defense of Dickie Scruggs
The week since the indictment of Mississippi tort lawyer Dickie Scruggs and four other defendants for allegedly trying to bribe a state court judge to rule in their favor in a dispute over $26.5 million in attorney’s fees has had enough twists and turns to qualify for the first few chapters of a John Grisham…
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The Oracle of Omaha On the Witness Stand
The prosecution of four former senior officers of General Reinsurance, including its former CEO, and a former officer from American International Group (AIG) is set to begin shortly in Connecticut. General Re is a subsidiary of Berkshire Hathaway, and the case involves a transaction between the company and AIG that the government alleges was designed…
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Limiting the Scope of Sun Diamond
The Second Circuit issued an opinion in the case of U.S. v. Ganim, a case with multiple convictions including RICO, honest services mail fraud, bribery under section 666, conspiracy, and tax. In affirming the conviction, the court held that "the government was not required to prove a direct link between a benefit Ganim received and…
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Backdating Plea
A press release of the Center District of California reports that "[a] former vice president of human resources at Broadcom Corporation has agreed to plead guilty to obstruction of justice in connection with a government investigation of options backdating at the Irvine-based technology company." The plea agreement was to a one count Information that "alleges…
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New Article – “Deterrence and the Corporate Death Penalty”
Professors Assaf Hamdani (Hebrew University) and Alon Klement (Interdisciplinary Center Herzliyah – Radzyner School of Law) have a piece on SSRN titled, "Deterrence and the Corporate Death Penalty." They argue that "the corporate death penalty may undermine deterrence." The abstract and article for download can be found here. (esp)