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11th Circuit Checks Government Power in a 5K1.1 Decision
The 11th Circuit came down with a case that has an interesting 5K1.1 issue. Although the case itself is not a white collar case, the holding clearly could apply in this context. The 11th Circuit reversed and remanded a case (U.S. v. Dorsey) where the accused argued that he was denied the government’s filing of…
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ABA Webcast on the McNulty Memo
"Corporate Representation after DOJ’s McNulty Memo: The Implications of DOJ Policy for White Collar Defenders, Internal Investigators, Civil Litigators and Everyday Business Advisors." The program will bring together experts to explain the McNulty Memo, its background and meaning for practitioners in white-collar prosecutions, internal investigations, civil litigation, and everyday corporate practice. Our faculty will offer…
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Conviction in Health Fraud Case Involving Compounded Aerosols
A DOJ Press Release reports that following a seven day trial in Miami, Florida, "[t]he owner and operator of a Florida durable medical equipment company and an assisted living facility has been convicted by a federal jury." She was convicted of "conspiracy to defraud the U.S. government, to submit false claims to Medicare, and to…
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Tony Snow Resigns
What do Alberto Gonzales, Karl Rove, and Tony Snow have in common? The answer is that all three are leaving their administrative positions. (See Washington Post) And as a side note, all three have at some point had their names mentioned on this blog. (esp)
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Scarce Resources for Prosecution
The Wall St.Jr. reports on the financial problems faced by US Attorney offices as a result of scarce resources. In discussing some of the staffing problems the article points out that more than 100 individuals in these offices have gone to Iraq to help out the government there. The article also reports on white collar…
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Details on the Randy “Duke” Cunningham Case
The San Diego Union Tribune has an article that includes links to the government’s attempt to keep sealed hearings related to former Rep. Randy "Duke" Cunningham and "New York financier Thomas Kontogiannis." The hearings detail what Kontogiannis said was his motivation for his dealings with Cunningham. The press has been successful in having released approximately…
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Quattrone Case Dismissed
Paul Davies reminds us on the WSJ blog that the Quattrone deferred prosecution ended and the government dismissed the charges against Quattrone. For background see here. (esp)
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Gonzales Under Scrutiny
According to an article by Dan Eggen and Paul Kane of the Washington Post, Inspector General Glenn Fine is investigating Alberto Gonzales as to whether he "gave false or misleading testimony to Congress, including whether he lied under oath about warrantless surveillance and the firings of nine U.S. attorneys." Although it is important to see…
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Work Product Privilege Upheld in Textron Case
The United States District Court for Rhode Island issued a Memorandum Order finding that "requested documents [were] protected by the work product privilege." The court denied the government’s petition for enforcement of an IRS summons served on Textron Inc. and its subsidiaries "in connection with the IRS’s examination of Textron’s tax liability for tax years…
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Mistrial Leads to Double Jeopardy For Two
Three individuals related to Symbol Technologies, Inc. stood trial for a variety of white collar charges. The jury heard from 40 witnesses, and had deliberated for three days when the court declared a mistrial. The Second Circuit held that "where the record does not indicate that there was genuine deadlock, and the court has not…
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