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U.S. Attorney “Firings” – Even More
The ABA Law Journal News Now reports on what former U.S. Attorney Carol Lam of San Diego told the Stanford Lawyer. She argues for DOJ independence. (esp)(w/ a hat tip to John Wesley Hall)
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Responding to DOJ Investigations: “Toss Them Under the Bus”
When government investigators come knocking on a company’s door to obtain information, it may not be of much comfort to the employees that their employer may be looking to "toss them under the bus," according to former U.S. Attorney Roscoe Howard, Jr. An article in the Fulton County Daily Report (here) discusses a presentation Howard,…
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New York Lawyer Among Six Charged in $55 Million Securities Fraud
A partner in the New York office of Baker & McKenzie and five other defendants were charged with conspiracy, securities fraud, and money laundering that totaled $55 million, according to a nineteen-count indictment returned on August 30 but only unsealed on October 19 (available below). The case involves so-called PIPE transactions, which are private-investment-in-public-equity deals…
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Misconduct Claim in Prosecution of Iowa State Senator
The prosecution of an Iowa state Senator on corruption charges has triggered a filing seeking dismissal of the indictment on the ground of prosecutorial misconduct. The trial is set to begin on October 29 on an indictment (here) charging a single violation of the Hobbs Act for extortion under color of official right related to…
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Will Stockman Be Talkin’ At Trial?
Former Congressman and Reagan Administration budget wunderkind David Stockman faces a variety of charges related to accounting fraud at Collins & Aikman, a defunct auto parts supplier where Stockman was CEO before it collapsed into bankruptcy. Although a trial date hasn’t been set yet, Stockman continues to take the offensive and stated in an interview…
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Another Defendant Pleads Guilty in the Milberg Weiss Prosecution
One of the original defendants in the Milberg Weiss kickback case pleaded guilty, leaving only two individuals remaining along with the firm. Seymour Lazar entered a guilty plea to obstruction of justice, filing a false tax return, and making a false declaration in federal court. Lazar had served as the representative plaintiff in a number…
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DOJ Successful on Motion in KPMG Case
The government had asked for the removal of one of the defense counsel in the KPMG case claiming a conflict of interest (see here). The Washington Post reports (here) that the court has accepted the argument, removing counsel and delaying the trial yet again. The Order (available below) begins by noting that "[t]he government belatedly…
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Petition for Cert Filed in Rigas Cases
A petition for certiorari (available below) was filed on behalf of Timothy and John Rigas, former CFO and CEO of Adelphia. The elder Rigas, now 82 years old, is serving a 15-year sentence, and Timothy is serving 20 years. A couple of fascinating questions are raised for the Supreme Court to consider. One issue relates…
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Milberg Weiss Missteps
Justin Scheck has an interesting and thorough article in The Recorder (here) discussing the recent superseding indictment of Melvyn Weiss and his firm, Milberg Weiss, and how the firm appears to have made a series of missteps that jeopardizes its continued existence. While former Milberg Weiss partner William Lerach’s plea deal gets extricates his new…
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SEC Backlog
Wilmer Hale’s David Z. Seide and David A. Wilson have a fascinating commentary in the Legal Times titled, "Left Hanging: New Report Shows Need to Clear Up SEC Backlog." The piece examines a recent GAO report that evaluates "the SEC Enforcement Division’s systems for planning investigations and providing information to subjects of investigations." The commentary…
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