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An Ostrich Visits the Black Trial
U.S. District Judge Amy St. Eve accepted the government’s request to instruct the jury considering the fate of Lord Conrad Black and three other defendants that they may find the defendants had the requisite intent if they were willfully blind. Known as the ostrich instruction, the government can prove the intent for the various fraud…
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Senate Committee Issues Report on Student Loan Abuses
Senate Education, Labor, Employment and Pensions Committee Chairman Ted Kennedy issued a report (here) highlighting abuses in the student loan program in which lenders sought favored treatment from college loan officers in exchange gifts, lavish parties, and other benefits. The analysis of the Federal Family Education Loan (FFEL) program includes the following conclusions: Some FFEL…
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Libby Denied Bail Pending Appeal — On to the D.C. Circuit
Not to anyone’s great surprise, U.S. District Judge Reggie Walton rejected the request by I. Lewis Libby for bail pending appeal of his conviction on perjury, false statement, and obstruction of justice charges. The Judge sentenced Libby to a thirty-month term of imprisonment on June 5, and invited both sides to submit briefs on the…
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Second Circuit Upholds Constitutionality of Anti-Bootlegging Statute
The Second Circuit Court of Appeals upheld the constitutionality of the federal live performance anti-bootlegging statute, 18 U.S.C. 2319A. In a challenge to a prosecution under the statute, the district court had declared it unconstitutional because the statute exceeded Congress’s power under the Copyright Clause and the Commerce Clause could not support a provision that…
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Capitol Hill Gears Up to Confront the White House Over U.S. Attorney Firings
The demise of the "no confidence" motion on Attorney General Alberto Gonzales may have just whetted the appetite of Democrats in Congress to pursue the investigation of the firing of nine U.S. Attorneys in 2006. The House and Senate Judiciary Committee chairmen launched subpoenas to two former senior aides to President Bush, former Counsel to…
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Former Law Firm Managing Partner Settles Insider Trading Case
The former managing partner at Katten Muchin Rosenman’s D.C. office, David A. Schwinger, settled an SEC civil enforcement action alleging insider trading in Vastera, Inc. According to the complaint (here), Schwinger learned about an impending merger of Vastera when he interviewed the company’s general counsel, who was seeking a new job because of the transaction. …
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A Resume Check at Usana
Utah-based nutritional supplement distribution company Usana Health Sciences, Inc., seems to be having a few problems with the resumes of some of its officers. An AP article (here) reports on the latest bit of possible resume padding, this time by the CFO who listed himself as a CPA even though his license expired in 1986. …
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Libby Facing Strong Prosecutorial Arguments Against Bond
The Wall Street Jrl reports on the position of Prosecutor J. Patrick Fitzgerald on whether Libby should be allowed to remain free pending appeal. The article is titled, "Prosecutor Pushes Libby Sentence." No surprises here. (esp)
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University of Medicine and Dentistry of New Jersey Not Out of the Woods
Newsday provides an update on what’s happening at UMDNJ in an article titled "Federal Monitor’s Report Finds Billing Problems at UMDNJ." This was a case where the company had signed a deferred prosecution agreement that allowed for the appointment of a federal monitor. (for background see here and here). Note also that the Chronicle of…
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Gonzales Skates
It was no surprise to see that there were not quite enough supporters to progress to a vote that could sound the "no confidence" note against Attorney General Gonzales. (see NYTimes here, Washington Post here) And although it was seven votes shy of the sixty needed to move to the voting arena, it sends a…
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