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Waxman Takes Aim at State Department Inspector General
Representative Henry Waxman, chairman of the House Oversight and Government Reform Committee, is now taking on State Department Inspector General Howard Krongard over his alleged interference in investigations of possible contract fraud in projects in Iraq and Afghanistan. In a letter (here) to Krongard, Representative Waxman asserts that the Committee has received information about actions…
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How Far Can You Take Compulsory Process?
The Sixth Amendment to the U.S. Constitution provides that an accused has the right to compulsory process for obtaining witnesses who will present evidence favorable to the accused. But does this mean that you can subpoena anyone you want? Are there limits? This may be the test arising in the recent flurry of subpoenas issued…
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Bristol-Myers
Interesting piece by Susan Reisinger over at Corporate Counsel titled, "Doctor’s Orders: Bristol-Myers is the First Company to Sign a Deferred Prosecution Agreement and then Violate it." Co-blogger Peter Henning comments that "prosecuting Bristol-Myers for securities fraud would have been ‘the nuclear option, because the company already admitted what it did and would have no…
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Lerach to Plead Guilty
Famed class action attorney William Lerach is set to plead guilty in Los Angeles to one count of conspiracy related to payments to representative plaintiffs in cases filed by his former firm, Milberg Weiss. The long-running investigation of the firm has picked up steam in the past few months as former name partner David Bershad…
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Another Leaving DOJ
The exodus from DOJ continues despite the announcement of a new Attorney General being recommended to Congress (see here). A DOJ Press Release states that Regina B. Schofield, Assistant Attorney General for the Office of Justice Programs, has announced that she will be leaving effective September 28, 2007. She served approximately two years as the…
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Sentencing of Owner of Investment Advisor Firm
According to a press release of the U.S. Attorney’s Office for the Central District of California, the sentence issued by a judge in the U.S. District Court for the Central District of California to "the owner and operator of the now -defunct downtown investment advisor firm," was 87 months in prison and $28.8 million in…
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Was the Rider Related Case A Runaway Grand Jury?
A Grand Jury in Mercer County, New Jersey brought an indictment against school officials, including a dean of students, at Rider University for activities related to the death of a student. (see here) And it was not surprising to see these charges later dismissed by prosecutors, as the idea of indicting school officials in this…
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What Mukasey Brings to the AG’s Office
What if Michael B. Mukasey becomes the next Attorney General? Probably the strongest asset that Mukasey brings to the AG’s office, more than anything, is that he has a long history of working in the criminal justice system, and from a prestigious position of being a federal judge. This, hopefully, will invigorate the DOJ and…
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Antitrust Indictment Related to Marine Hose
A DOJ Press Release reports of the indictment of two individuals for allegedly "participating in a conspiracy to rig bids, fix prices and allocate market shares for sales of marine hose used to transport oil." This indictment appears to come in part from a Department of Defense investigation. What is particularly noteworthy here is how…
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ABA/Criminal Justice Section Program
SUBPOENAING SOURCES: LESSONS FROM THE LIBBY CASE Thursday, October 18, 2007 3:00 pm — 5:00 pm, with reception following New York Marriott Financial Center 85 West Street, New York, NY Program Chair: Henry E. Hockeimer, Ballard Spahr Andrews & Ingersoll, LLP U.S. v. Libby became a test for how far the government can and will…
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