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Antitrust Plea
DOJ’s antitrust division reports that "[a]n Oregon-based freight forwarder pleaded guilty to rigging bids and allocating shipments for its role in a conspiracy involving its participation in the U.S. Department of Defense (DOD) program for shipping the household goods of military and civilian DOD personnel between the United States and foreign countries." The press release…
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Ryan Ordered to Report to Prison
With the Seventh Circuit affirming his conviction (see here), former Illinois Governor George Ryan has been ordered to report to prison. The date for him to start serving his 6 1/2 year sentence is November 7th. (see here and here). Ryan has had the benefit of remaining free pending his appeal. Some white collar individuals…
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Indicted Lawyer Leaves Baker & McKenzie
An indicted attorney from the law firm of Baker & McKenzie resigned from the firm. See here. (esp)(w/ a hat tip to John Wesley Hall)
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What is a Navigible Water
The 11th Circuit Court of Appeals reversed an environmental conviction, and in the process provided a clearer understanding of what constitutes navigable waters. Finding that a "significant nexus" test was not used in the jury instruction, the court found error and further found that the government had not met its burden of showing this as…
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Deferred Prosecution Agreements
The topic was "Corporate Deferred Prosecution Agreements: Issues in Hybrid Enforcement," and the place was the Press Club in DC. Last Friday afternoon, Steven A. Tyrrell, chief of the Fraud Division of the US Department of Justice, along with Stephanie Martz, Director of the White Collar Crime Project of the National Association of Criminal Defense…
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Ryan Loses En Banc Request, But Gains Support in Dissent
Former Governor George Ryan (Illinois) lost his request for a rehearing en banc (here) in the Seventh Circuit Court of Appeals. But there was a strong three person dissent to the decision. The dissent by Judges Posner, Kanne and Williams includes the following language: "But harmlessness is not the test of reversible error when a…
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Spellissy Defense Files New Motion
Ray Reyes of the Tampa Tribune reports here on the defense filing a new motion in the Spellissy case. (see here for background on this case). According to the paper there is an allegation that the "government tampered with a defense witness by preventing that person from testifying on Spellissy’s behalf." If true, this is…
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BP Takes a $373 Million Hit
BP plc settled three government investigations by agreeing to pay a total of $373 million in fines, restitution, and civil penalties. The company pleaded guilty to a violation of the Clean Air Act, a subsidiary pleaded guilty to a violation of the Clean Water Act, and another subsidiary agreed to a deferred prosecution agreement on…
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Here Come the Lawyers to WellCare
The search of WellCare Health Plan’s headquarters by, among others, FBI agents (earlier post here) triggered — as expected — an immediate response: let’s hire lawyers! A press release (on Business Wire here) states that since the search and carting away of boxes of documents, the company has: Been in direct contact with its Board…
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McNulty Defending the McNulty Memo
Speaking as the keynote luncheon speaker at the ABA Second Annual Securities Fraud Institute, Former Deputy Attorney General Paul J. McNulty defended his DOJ McNulty Memo. Referencing Senator Specter’s recent Wall Street Journal commentary titled, "A Question for Mr. Mukasey," McNulty was not happy having his efforts called a "swing and a miss." It’s at…
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