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Green on White Collar Crime Sentencing
Professor Stuart Green is doing a guest stint at the PrawfsBlawg and has an interesting post (here) on sentencing in white collar crimes, "White-Collar and Red-Handed." He discusses the recent sentencing of a former Chinese government official to death for accepting bribes, and the suicide of a Japanese minister about to face a Parliamentary inquiry…
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The Libby Sentencing
The sentencing of I. Lewis Libby is set for June 5 before U.S. District Judge Reggie Walton, and the defense sentencing filings are now available below. In sharp contrast to the government’s recommendation of a 30-37 month prison term under the Sentencing Guidelines, lawyers for the former chief of staff to Vice President Cheney ask…
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Did Karl Rove Sic Prosecutors on Former Alabama Gov. Siegelman?
Any description of the prosecution of former Alabama Governor Don Siegelman and former HealthSouth CEO Richard Scrushy that does not include words like tortuous, labyrinthine, or bizarre just doesn’t quite capture how strange this case has been. Coming on the heels of Scrushy’s acquittal on securities fraud charges, the corruption case against the two men…
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Rumblings of a Plea from Milberg Weiss
There are indications that partners at Milberg Weiss are negotiating a plea deal with the government to put an end to the prosecution of the firm for making secret payments to named plaintiffs in class actions for which the firm was lead counsel. Recent reports that former name partner David Bershad is also negotiating to…
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SEC Files Securities Fraud Complaint Against Four Former Mercury Interactive Officers
The SEC filed a civil enforcement action alleging securities fraud against four former officers of Mercury Interactive, Inc. for their role in options backdating from 1997 to 2003, and for two defendants allegedly manipulating revenues. The defendants are former CEO Amnon Landan, two former CFOs, Sharlene Abrams and Douglas Smith, and the company’s former general…
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Judge Kaplan Confronts the Issue of Remedy in the KPMG Tax Shelter Prosecution
The Second Circuit’s recent decision (see earlier post here) invalidating the civil remedy crafted by U.S. District Judge Lewis Kaplan to overcome the constitutional violation he found in the denial of attorney’s fees for sixteen KPMG defendants raises the question of how the Judge will proceed from here. In criminal cases, the usual remedy that…
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DOJ Expands Its Internal Investigation
The Department of Justice Inspector General and its Office of Professional Responsibility disclosed in a letter (here) to Senate Judiciary Committee Chairman Patrick Leahy and ranking member Arlen Specter that they have "expanded the scope of our investigation" of possible wrongdoing in the Department. According to the letter, the two offices are now looking into…
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SEC Settles with Brocade Over Options Backdating
The SEC settled a civil enforcement action with Brocade Communications Systems, Inc., over options backdating by the company’s CEO, Gregory Reyes. The case became the poster child for Chairman Christopher Cox’s new procedure that requires the SEC staff to get authorization from the full Commission before negotiating a corporate penalty rather than presenting an agreed…
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Coincidence and the Milberg Weiss Prosecution
Two items in the news raise the question whether they are just a coincidence, or whether more is going on than meets the eye. A Wall Street Journal story (from the always-interesting and entertaining Law Blog here) states that former Milberg Weiss name partner David Bershad may be negotiating a guilty plea in the prosecution…
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The Government Rests Its Case Against Lord Black
Prosecutors rested the government’s case-in-chief against former Hollinger International CEO Lord Conrad Black and three other former executives of the newspaper publisher now known as the Sun-Times Group. In finishing its case, the government dropped the money laundering charge against Lord Black, although he still faces conspiracy, mail fraud, obstruction of justice, and RICO counts. …
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