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Maybe Now The Sentencing Commission Will Listen
In a post-Libby commutation world, and a pronouncement by the President that Libby’s guidelines sentence was "excessive," the next step is clearly for changes in the sentencing guidelines. And the ABA has provided some thoughtful advice for the Sentencing Commission to consider. In a letter to the Commission, Denise A. Cardman writes: I write on…
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Attorney-Client Privilege Bill Picking Up Support
Initially it was Senator Arlen Specter’s bill (S 186) in the Senate that stood alone, asking to provide additional protection to the attorney-client privilege. But as of last week, the House also has a similar bill circulating. There is bi-partisan support on the bill authorship, with the new bill being introduced by Representatives Bobby Scott…
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Unlike Libby, Democrat Bill Campbell Will Serve His Time
The Eleventh Circuit Court of Appeals ruled in the case of United States v. William C. Campbell that the former mayor of Atlanta will not be given relief. In affirming the conviction, the court rejected Campbell’s arguments that he had been deprived of his Sixth Amendment right to counsel by disqualifying his attorney of choice…
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Looking Ahead to Lord Black’s Sentence
With the conviction of former Hollinger International CEO Lord Conrad Black and three other former executives on three counts of mail fraud — Lord Black was also convicted of obstruction of justice — the next issue will be figuring out what the likely sentencing range will be. The defendants were acquitted on the Can-West non-compete…
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How Much Are Those Lawyers in the Window (Part Deux)?
As discussed in an earlier post (here), U.S. District Judge Lewis Kaplan asked federal prosecutors for their opinion regarding how much it would cost to mount a reasonable defense to the charges in U.S. v. Stein, involving the KPMG tax shelters. While the U.S. Attorney’s Office demurred on that request, a number of the defense…
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Lord Black Found Guilty on Three Counts of Mail Fraud and One Count of Obstruction, Acquitted on Other Counts
CBC is reporting that Lord Conrad Black has been convicted of three counts of mail fraud and one count of obstruction of justice, and not guilty on other counts of mail/wire fraud, RICO, and tax fraud. He was not convicted on the largest transaction, the Can-West non-compete, and found guilty on a charge related to…
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Judge Rejects Libby Motion in Sentencing Lawyer Who Leaked Balco Transcripts
U.S. District Judge Jeffrey White did not accept the argument made by counsel for Troy Ellerman that his client should receive a more lenient sentence based on the rationale offered by the President when he commuted the sentence of I. Lewis Libby. As discussed in an earlier post (here), Ellerman pleaded guilty to contempt and…
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The Libby Commutation: “Now We’re Going to Move On”
U.S. District Judge Reggie Walton upheld the two-year term of supervised release imposed on former Administration aide I. Lewis Libby, albeit "with great reservation," after the President commuted the thirty-month term of imprisonment (opinion below). Under the Supreme Court’s decision in Schick v. Reed, 419 U.S. 256 (1974), a sentence commutation can impose a punishment…
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Scrushy Asks the Eleventh Circuit to Issue Subpoenas
Each week seems to bring a new twist in the case of former HealthSouth CEO Richard Scrushy and former Alabama Governor Don Siegelman. The two men recently received substantial prison terms (82 and 88 months, respectively), and were taken into custody immediately to begin serving their sentences rather than being given a reporting date after…
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Former Newark Mayor Charged with Corruption
Former Newark, New Jersey, Mayor Sharpe James and a person with whom he had a personal relationship were charged in a 33-count indictment with mail/wire fraud, corruption, housing fraud, and tax charges. The wide-ranging indictment (here) includes pages listing improper payments for personal trips with a city credit card provided to James, and property transactions…
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