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Political Emailing
Were white house aides using political email accounts for official business when they should have been using their official accounts? This first question may lead to the next question, and that is whether they were deliberately trying to conduct political business without government scrutiny. And are there many more emails that need to be examined…
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Closing Arguments in the Conrad Black Case
The prosecution finished its initial closing argument and the defense is now before the jury box. After they finish, the government will get to respond as they have the burden of proof. As suspected, a key focus is on the credibility of the government cooperator – David Radler. When the government offers enormous benefits to…
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A Plea is a Plea
Courts, using contract law, sometimes hold a plea agreement to its strict language, despite the government trying to change the language due to an error in the agreement. Paul Caron at taxprof blog reports that "the U.S. District Court for the District of Columbia on Friday refused to correct the Government’s botched plea agreement with…
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27 Months for Enron Cooperator
The Wall Street Jrl reports that Kenneth Rice received a sentence of 27 months. Rice had testified against Jeff Skilling. Here again, we see a sharp disparity in sentence between those who cooperate and those who risk trial. (see also Houston Chronicle story) (esp)
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Job Opening for U.S. Attorney
The Tampa Tribune reports that filling the position of U.S. Attorney in the Middle District of Florida started slowly – and this wasn’t even filling the position of a U.S. Attorney who was part of the group that left office under terms that have been very publicized. Former U.S. Attorney Paul Perez left to go…
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U.S. Attorney “Firings” Plays Out in the Courts
Check out this article in the LA Times discussing how defense attorneys are raising the "firings" of U.S. Attorneys as an argument in pending cases. Tangential matters of this nature normally are not admitted into evidence in cases. But one has to wonder if prosecutorial discretion was ever influenced by the actions of U.S. Attorneys…
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The Latest at Bristol Myers
According the the Wall Street Journal, the Bristol Myers deferred prosecution agreement may be nearing its end – and with a deferred prosecution this means that criminal charges will not get filed. The possibility of charges are left behind when a company does not misstep in abiding by the terms of the agreement. But what…
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Nevada Power to Pay 60.7 Million
In a press release of the Department of Justice, it tells that Nevada Power will be paying 60.7 million in a Clean Air Act settlement. The release notes that "this is the first NSR settlement with an electric utility concerning alleged violations at a gas-fired power plant. It is also the second NSR settlement in…
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Washington Legal Foundation Files Petition Asking for Changes at EPA
The Washington Legal Foundation has petitioned "the Environmental Protection Agency (EPA) to revise its criminal enforcement policy and practices to ensure that more reasonable non-criminal remedies – including administrative and civil remedies – are utilized as Congress intended to address alleged violations of the myriad of complex environmental laws and regulations." Press Release here –…
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NACDL’s Third Annual White Collar Crime Conference
Defending the White Collar Case: In & Out of Court" NACDL & Georgetown’s 3rd Annual White Collar Seminar – Sept. 27-28. Information here. (esp)
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