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Rep Conyers and a New Legislative Compliance Program
Representative John Conyors was the subject of a public statement issued by Chair Doc Hastings and Ranking Minority Member Howard L. Berman concerning "an informal inquiry in December 2003 into reports that members of the congressional staff of Representative John Conyers had performed campaign activity on official time and in some instances using official resources,…
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Focusing on Cybercrime
Cybercrime is becoming more and more of a problem and it is likely that we will see more prosecutions in the coming year. The Washington Post discusses here some of the new difficulties faced in detecting the perpetrators of these crimes. The DOJ’s Computer Crime and Intellectual Property Section will be a place to watch…
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What’s Coming in 2007
The New Year will deliver a variety of interesting cases and issues in the white collar crime field, and here are a few developments (and predictions) that may be of importance in 2007 (in no particular order): The options-timing cases will come in waves, mostly civil SEC actions with the usual settlements, civil monetary penalties,…
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Third Circuit Reverses Health Care Fraud Conviction
The Third Circuit Court of Appeals reversed a health care fraud conviction providing an important interpretation of 18 U.S.C. s 1347(2). The court held that the government had failed to establish the elements of the statute because it failed to show that the accused had "used false or fraudulent pretenses, representations, or promises to obtain…
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Marguiles Article Related to Stein Case
Professor Peter Margulies (Roger Williams) has an article online in the Business Law Journal of U-California-Davis. He summarizes the five parts of the article as follows: " The article is in five parts. Part I discusses the catalysts for corporate insider misconduct: agency costs, moral hazard, cognitive bias, the race to the bottom, and lax…
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“I’ll Do the Thinnin Around Here, and Don’t You Forget It!”
The immortal words of Quick Draw McGraw to his trusty sidekick, Baba Looey, may be what government investigators from the SEC and U.S. Attorney’s Office are saying in light of Apple Computer, Inc.’s disclosure of CEO Steve Jobs’ involvement in the company’s options issuance practices. Apple disclosed in October 2006 that Jobs was "aware" of…
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The Gloves Are Off in the Scrushy-Siegelman Case
The hard-fought corruption prosecution of former HealthSouth CEO Richard Scrushy and former Alabama Governor Don Siegelman is taking an even uglier turn over the latest issue of juror e-mails. As discussed in an earlier post (here), the defense received what it claimed were two more e-mail messages between jurors showing alleged improprieties during the deliberations…
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2006 White Collar Crime Awards
In the finest end-of-the-year tradition of various media outlets, we have decided to honor individuals and organizations for their work this year in the white collar crime arena by bestowing "The Collar" on those who deserve our praise, scorn, acknowledgment, blessing, curse, or whatever else you can think of that would be appropriate. Comments are…
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What Did Steve Jobs Know?
Steve Jobs, one of the world’s leading high-tech executives, has become enmeshed in the options issuance scandal that is plaguing a number of companies. According to media reports (see Reuters story here), Jobs received options on 7.5 million shares of Apple Computer, Inc. in October 2001, and documents showing the approval of the grant by…
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Scrushy and Siegelman Try, Try Again
Former HealthSouth CEO Richard Scrushy and former Alabama Governor Don Siegelman struck out the first time in seeking a new trial on corruption charges based on evidence of potential juror misconduct when U.S. Chief District Judge Mark Fuller rejected their motion (see earlier post here). One ground advanced in that motion involved two e-mails purportedly…