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Dismissal Sought in Case Against Attorney Charged With SOX Obstruction
Michael Regan of the Hartfield Courant reports on a bizarre case being brought by federal prosecutors in Connecticut. The case charges obstruction against an attorney for acts related to his representation of his client. Prosecutors brought the matter using the post-Enron SOX amendments on destruction of evidence. The Connecticut Criminal Defense Lawyers Association is actively…
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Amicus Brief Filed in Gall
An incredible amicus brief has been prepared by the Federal Public Defenders in the Gall case. The question presented is "whether, when determining the ‘reasonableness’ of a district court sentence under United States v. Booker, 543 U.S. 220 (2005), it is appropriate to require district courts to justify a sentence outside the range recommended by…
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Greed is Not Good
U.S. District Judge Edward Nottingham described the insider trading convictions of former Qwest CEO Joseph Nacchio as "crimes of overarching greed" in sentencing him to six years in prison. The judge also rejected the defense request for bail pending the appeal, ordering that Nachio report within fifteen days of receiving his assignment from the Bureau…
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Continuing Attorney’s Fee Fight in Westar Case
An earlier post (here) discussed the opinion issued by the U.S. District Court for the District of Kansas ordering utility company Westar Energy to pay a portion of the claimed attorney’s fees of one of its former officers, Douglas Lake, who is facing a third trial on charges related to allegedly false reports filed with…
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You Can’t Tell the Congressmen Under Investigation Without a Scorecard
A New York Times article (here) provides a run-down of the various current and former members of Congress under investigation for corruption by federal prosecutors. Many of the investigations — but by no means all — are traceable to the activities of former superlobbyist Jack Abramoff, currently serving a six-year prison term who has provided…
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Nacchio Sentenced to Six Years in Prison
U.S. District Judge Edward Nottingham sentenced former Qwest CEO Joseph Nacchio to a six-year prison term, at the lower end of the Federal Sentencing Guidelines range. In addition, he imposed a $19 million fine, the maximum permitted based on the 19 counts of conviction, and ordered a forfeiture of $52 million based on his total…
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Is There a Special Prosecutor in Gonzales’ Future?
Four Democrat senators sent a letter (here) calling for the appointment of a special prosecutor to investigate Attorney General Alberto Gonzales for possible perjury in his testimony before the Senate Judiciary Committee about dissent in the Administration over the secret surveillance program and his role in the firing of nine U.S. Attorneys. The issue came…
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Former SafeNet CFO Indicted for Options Backdating
The former CFO of computer security company SafeNet, Inc., who also served as its president for two years, was charged in the Southern District of New York with one count of conspiracy and one count of securities fraud for her role in backdating options (indictment below). The case is one of a growing roster of…
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Rove and Jennings Receive Subpoenas
On what appears to be an "in for a penny, in for a pound" approach, the Senate Judiciary Committee sent subpoenas (here) to White House aides Karl Rove and J. Scott Jennings, the deputy political director, to testify and provide documents related to the firing of nine U.S. Attorneys in 2006. Rove’s name appears in…
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Will Nacchio Receive Bail Pending Appeal?
Former Qwest CEO Joseph Nacchio faces sentencing before U.S. District Judge Edward Nottingham, and an important question beyond the prison term — the Sentencing Guidelines range is 70 to 87 months based on the government’s calculations — is whether he will be allowed to remain free on bail pending appeal. Nacchio filed a brief (available…