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Perhaps No Dismissal in Stein (KPMG) Case
Judge Lewis Kaplan’s initial decision in the Stein case left many wondering what would happen if the case landed back on his desk. Would he dismiss the matter, or proceed to trial? What would be the remedy for the government’s conduct/misconduct (see here) Despite government briefs that allowed for a dismissal, the court may be…
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The Libby Motion
Will we be seeing defense counsel making "The Libby Motion," what will the motion contain, and how will judges react? Clearly, every criminal defense lawyer who practices in the white collar arena is asking him or herself – why shouldn’t my client have this same privilege? After all the client may have been convicted of…
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Commentary on Bush’s Commuting of Libby’s Sentence
This is clearly a controversial move by President Bush – to commute the prison sentence of Libby. Some thoughts: 1. The Timing – Why did President Bush commute this sentence just hours after a three court panel (made up of two Republicans and one Democrat) had ruled that Libby would not receive bond pending appeal?…
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Comment of Attorney Ted Wells
Attorney Ted Wells, Libby’s lawyer issued a statement as follows: “Mr. Libby and his family wish to express their gratitude for the President’s decision today. We continue to believe in Mr. Libby’s innocence. Scooter and his family appreciate the many Americans who have supported them over the last two years.” (esp)
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Prosecutor Patrick J. Fitzgerald’s Response
In a most professional way, Prosecutor Patrick J. Fitzgerald responds to the President’s statement commuting Libby’s sentence. He states: "We fully recognize that the Constitution provides that commutation decisions are a matter of presidential prerogative and we do not comment on the exercise of that prerogative. We comment only on the statement in which the…
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Bush to Commute Libby’s Sentence
The Wall Street Jrl headline is: "Bush Spares Libby From Prison Term." (see also CNN) Just hours ago a three judge panel ruled against Libby’s request for an appeal bond (see here). We are now seeing President Bush’s response to this ruling. Commuting the sentence will mean that I. Lewis "Scooter" Libby will continue to…
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D.C. Circuit Denies Libby Bail Pending Appeal
The District of Columbia Circuit Court of Appeals denied the expedited motion of I. Lewis Libby for bail pending appeal of his convictions on perjury, obstruction of justice, and false statement charges (see earlier post here). Libby’s name is already listed on the Bureau of Prisons website under its "Inmate Locator" under Register Number 28301-016,…
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Scrushy & Siegelman – How Long Will They Be in Prison?
Former HealthSouth CEO Richard Scrushy and former Alabama Governor Siegelman remain in jail after the court had them taken immediately from the courtroom into custody. Unlike many white collar offenders, these gentlemen were not afforded the opportunity to report to prison. Additionally they were not given the chance to remain free pending their appeal. (see…
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What It Costs to Defend a White Collar Crime Prosecution
A complex white collar crime prosecution can involve enormous sums for defense counsel, particularly when the lawyers are from leading New York or Washington D.C. firms. A recent district court decision in Westar Energy v. Lake (available below) gives a little bit of insight into just how much money is involved, and the resources the…
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Another Leaving at DOJ
The ever-increasing turnover rate at DOJ just increased even further, with another individual announcing a departure. Assistant Attorney General Rachel Brand announced her departure from DOJ, effective July 9, 2007. A DOJ Press release states: "As Assistant Attorney General for Legal Policy, Brand managed the development of a variety of civil and criminal policy initiatives,…
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