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Commentary on the Resignation of AG Alberto Gonzales
This has been a troubled time for the Office of the Attorney General. For years the office was seen as a top quality place where the best of the best students went upon graduation. They were there to serve their country. And although politics has long played a role in the individual appointment of U.S.…
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Fact or Fiction
The rumors are buzzing about AG Gonzales? Will he stay or will he go? Check out Berman’s Sentencing Blog here, The Volokh Conspiracy here, U.S. News here. And if he goes, will he be having a joint going away party with Karl Rove. And the latest just in – CNN says there is truth to…
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Collateral Consequences – The Pension
In many white collar and non-white collar cases, the collateral consequences of a criminal conviction can destroy a person’s future livelihood or have other ramifications. In some cases when an individual does business with the government they can be debarred from continuing in that role. Ellen Gedalius of the Tampa Tribune reports on the recent…
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Reviewing Grand Jury Transcript
The ABA Jrl, in an article by Debra Cassens Weiss, explores the effect of a recent federal court ruling that allows witnesses to review their grand jury testimony. The title of the article is, "Ruling Thwarts Perjury Prosecutions." The court’s opinion in In Re Grand Jury states: "This case raises a question that, surprisingly, has…
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Court Accepts British Airways Plc and Korean Air Lines Co. Ltd Settlement
A press release of the DOJ reports that "[t]the U.S. District Court for the District of Columbia today accepted the Department of Justice’s plea agreements with British Airways Plc and Korean Air Lines Co. Ltd. that had been announced on August 1, 2007." The release confirms what was reported here that the "companies pleaded guilty…
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Michigan Attorneys Charged with Making Illegal Contributions to Edwards Campaign in 2004
Two Michigan attorneys, one a former Democratic nominee for Governor, were charged with multiple violations of the federal campaign contribution laws for allegedly orchestrating over $125,000 in contributions to John Edwards’ 2004 Presidential campaign by using straw donors. The defendants are accused of using both employees of their law firm, where they are partners, and…
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Third Circuit Overturns as Unreasonable a Tax Evasion Sentence
A divided panel of the Third Circuit reversed a sentence imposed on a defendant who pleaded guilty to tax evasion on the ground that the departure from the Federal Sentencing Guidelines range was unreasonable. In the post-Booker world of reasonableness, the majority in United States v. Tomko (here) took the view that the factors on…
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Army Corps of Engineers Contractor Pleads Guilty to Bribery
A former contractor for the U.S. Army Corps of Engineers entered a guilty plea to accepting almost $300,000 in bribe payments to direct a contract for sand and gravel related to rebuilding a levy in New Orleans destroyed by Hurricane Katrina and its aftermath. According to a Department of Justice press release (here): [The defendant]…
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Textron Settles FCPA Investigation
Manufacturer Textron Inc. entered a deferred prosecution agreement with the Department of Justice and settled civil charges filed by the SEC for violations of the Foreign Corrupt Practices Act. The company, though French subsidiaries, paid over $650,000 in bribes related to the corruption-riddled Iraqi Oil-for-Food program, and another $115,000 to obtain contracts in the in…
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Nacchio Granted Bail Pending Appeal
In an uncommon decision, a panel of the Tenth Circuit issued an order (available below) granting former Qwest CEO Joseph Nacchio bail pending completion of his appeal of the nineteen insider trading convictions returned in April 2007. On July 27, U.S. District Judge Edward Nottingham turned down Nacchio’s request for bail pending appeal of the…
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