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Libby to Keep Mum
I. Lewis Libby made it official in responding to a question by U.S. District Court Judge Reggie Walton that he decided against testifying in his perjury, obstruction, and false statements trial. While once almost a foregone conclusion that Libby would take the stand to offer his memory (or "dedicated but overworked public servant") defense, his…
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Coming to a Theater Near You — The Collapse of Enron
Perhaps it was inevitable that there would be a movie, and there are reports that leading man Leonardo DiCaprio will star in a movie about the demise of Enron. According to a CNN story (here), the screenplay will be based on Kurt Eichenwald’s book "Conspiracy of Fools," and DiCaprio will play a newly-hired employee who…
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Continuing Controversy Over Interim U.S. Attorney Appointments
The controversy over the termination of seven U.S. Attorneys that brought to light a largely unnoticed provision of the USA Patriot Act renewal shows no signs of abating (see earlier post here). As a National Law Journal article (here) discusses, the Department of Justice supports the newly-adopted system under which the Attorney General can appoint…
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Former CIA Official Charged with Corruption
The former number three official at the Central Intelligence Agency was indicted in San Diego on eleven counts of conspiracy, honest services fraud, conflict of interest, and money laundering. Kyle "Dusty" Foggo is accused of accepting gifts from Brent Wilkes in exchange for steering contracts to Wilkes’ Southern California company, ADCS Inc. Foggo was executive…
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Dow Settles FCPA Action
The Dow Chemical Company settled an SEC civil action regarding violations of the Foreign Corrupt Practices Act related to about $200,000 of payments to Indian officials by "a fifth-tier foreign subsidiary of Dow." According to the SEC Litigation Release (here): The complaint alleges that the Dow subsidiary, DE-Nocil Crop Protection Ltd. ("DE-Nocil"), headquartered in Mumbai,…
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J & J Discloses Possible FCPA Problems
The Wall Street Journal reports, in an article by Avery Johnson, Kara Scannell & Jon Kamp, that Johnson & Johnson has disclosed improper payments that might be within the jurisdiction of the Foreign Corrupt Practices Act. The company’s voluntary disclosure statement includes a retirement of the Worldwide Chair, Medical Devices and Diagnostics. Even companies with…
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Venue In Internet Cases
The venue and jurisdiction for Internet and computer related cases presents many problems for the defendant. Laurie Cohen’s article in the Wall Street Journal, "Internet’s Ubiquity Multiples Venues to Try Web Cases," captures the fact that the government has all the cards when it comes to selecting the venue for a Internet related case. After…
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The Defense – Libby Trial
For details check out TalkLeft’s Jerri Merritt blogging at the Huffington Post here discussing a description of testimony by David Sanger and Bob Woodward. At Firedoglake here you’ll find reporting on testimony given by Glen Kessler and Bob Novak. The Wall Street Jrl article titled, "Woodward, Novak Say Libby Wasn’t Leak," says it all. Probably…
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Dumping Into Dumplings
The United States Attorney – Los Angeles issued a press release on a recent Indictment of an individual on a food tampering case. According to the press release, the individual was charged with "contaminating the company’s food products by placing foreign items into dumplings during the manufacturing process." The press release notes that "[i]f he…
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What’s Up in the Scooter Libby Trial This Week
With the prosecution resting in the I. Lewis "Scooter" Libby trial, the defense now has to decide what, if anything, it wishes to present. TalkLeft has linked the motions of this weekend, here and here , that speak to the government’s desire to keep certain evidence from the jury. The evidence would be coming from…