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McFarland Sentence Affirmed With Unpublished Opinion
The 11th Circuit affirmed the conviction and sentence of Chalana McFarland with a 14 page unpublished opinion. This first offender had her 360 – month sentence (yes, 30 years) affirmed for crimes of "money laundering, bank fraud, wire fraud, and conspiracy to commit such acts as well as obstruction of justice and perjury." The court…
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Indictment – Brooke Astor’s Son and Attorney
The NYTimes reports that Brooke Astor’s son and one of her former lawyers were indicted. The case emanates from an investigation of the "Elder Abuse Unit, which is part of the Special Prosecutions Bureau of the [Manhattan] district attorney’s office." (esp)
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BAE Investigation
Nelson D. Schwartz and Lowell Bergman have a fascinating NYTimes article titled, "Payload Taking Aim at Corporate Bribery" here. And without doubt, the BAE investigation is one that needs to be followed. The article details some of the major Foreign Corrupt Practices Act (FCPA) cases of recent vintage. And it notes that Alice Fisher, head…
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FCPA – Getting a Basic Education
How does the DOJ interpret the Foreign Corrupt Practices Act (FCPA), and what guidance is available to those attempting to understand its language? Actually there is more available than one might suspect. First there is a lay person’s guide on the DOJ website here. And then there are opinion releases found here. The one problem…
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Former Telcom Owner Gets Three Years
A DOJ Press Release reports that "[t]he former president and owner of ATE Tel Solutions Inc., which does business as ATE Telecom Solutions Inc. (ATE Tel), was sentenced to serve three years in prison following his conviction for his involvement in a scheme to defraud the federal E-Rate program, the Department of Justice announced today." …
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Pay-To-Stay Programs in Correctional Facilities
Michigan’s Online Journal – First Impressions – has a symposium on Pay-to-Stay Programs in Correctional Facilities. See here. (esp)
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Deferred Prosecutions Article
Deferred and non-prosecution agreements are fast becoming the accepted means for corporations to settle a range of criminal investigations, from FCPA violations to healthcare fraud to accounting problems. What little law there is in the area has developed haphazardly, and there has not been much attention paid to these agreements in academia. Stetson law professors…
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What’s the Evidence in the Bonds Case?
The prosecution of homerun king Barry Bonds for four counts of perjury requires prosecutors to establish that he lied and not just made misleading statements. The testimony recounted in the indictment shows Bonds clearly denying any knowing use of steroids, and placing his inadvertent use of "the cream" in and around the 2003 season. A…
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Ashcroft’s Bounty
Thanksgiving is a time to express gratitude for the benefits of the previous year, and former Attorney General John Ashcroft may well be counting quite a few of them from his appointment as an outside monitor for Zimmer Holdings, Inc. The company was one of four medical device makers that entered into a deferred prosecution…
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Vick’s Thanksgiving
Former Atlanta Falcon’s quarterback Michael Vick opted to begin his expected prison term almost three weeks before sentencing when U.S. District Judge Henry Hudson signed an order (available below) directing the U.S. Marshal to "take custody of the Defendant immediately upon his surrender." By choosing to start his term now, Vick probably will spend his…
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