Blog

  • Ninth Circuit Clears Seizure of Baseball Drug Tests — Did Barry Bonds Flunk One?

    The investigation of possible perjury in the Balco (Bay Area Laboratory Co-Operative) steroids investigation took another interesting turn with the release of a Ninth Circuit opinion (here) overturning lower court orders directing the government to return drug tests because the searches were unconstitutional.  The government originally subpoenaed two drug testing labs in early 2004 for…

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  • Options-Timing Cases March Onward

    The time between Christmas and the New Year is supposed to be quiet, with little news emerging because so many people are on vacation.  That is not the case with the options-timing investigations, which continue to percolate.  With over 100 companies having acknowledged potential problems with their issuance practices, and responses ranging from internal investigations…

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  • The Passing of Gerald Ford

    In the upcoming days, the media will be focusing on the life of former President Gerald Ford, as they should.  And as pointed out by the Washington Post in an article by J.Y. Smith and Lou Cannon, his life was influenced by the actions of others.  In his case, the white collar crimes of others…

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  • Lawyering Up at the White House

    Getting ready for a Congressional investigation usually involves hiring lawyers, and things are no different at the White House.  An article (here) in the Baltimore Sun discusses recent hires in the counsel’s office at the White House since the mid-term elections, when Democrats took control and promptly vowed to increase oversight of the Bush administration. …

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  • N.Y. Comptroller Pleads

    The N.Y.Times reports that Alan G. Hevesi, comptroller for New York State, resigned from office and also plead guilty to a felony. The alleged wrongdoing involved conduct related to using an office employee for work outside of his state responsibilities (e.g., chauffeuring his wife) (see N.Y. Sun – AP here). The ironic aspect to this…

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  • Not Strictly a U.S. Problem

    Financial irregularities are not unique to the United States.  This week we see the New York Times (AP) reporting that two senior executives would be resigning from Nikko Cordial Corporation, a brokerage firm, following "accounting irregularities." A press release issued by the company reports on the establishment of a special investigating committee "to identify the…

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  • More on the McNulty Memo

    So far the McNulty Memo has not fared well in the public comments. Many still criticize the DOJ for failing to recognize the importance of the attorney-client privilege.  Others contend that the memo does not go far enough in that it still allows prosecutors to procure waivers, albeit now with supervisory consent. Finally some object…

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  • Conviction in Health Care Fraud Case

    The jury returned a verdict convicting Dr. Luis Jacinto Marti of one count of conspiracy to defraud and fifteen counts of health care fraud.  The verdict related to Medicaid claims in "2000-01 for payment for expensive drugs used to treat AIDS and HIV patients." A press release of the U.S. Attorney for the Southern District…

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  • Is There Too Much Focus on White Collar Crime?

    Gary Fields has an incredible article in the Wall Street Journal today that focuses on whether Congress will again revisit the sentencing guidelines for convictions by crack offenders.  The 100:1 sentencing disparity between crack and cocaine has long been a issue of concern for many critics of the guidelines. The mandatory minimum sentences involved in…

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  • A Christmas Podcast

    Instapundit’s Glenn Reynolds (U. of Tennessee law prof), and his wife Helen, host "A Martha Stewart Christmas" podcast that features Professor Joan Hemingway’s new book, "Martha Stewart’s Legal Troubles."   As a contributer to this book ( two chapters), it was a pleasure to join Joan, Helen, and Glenn in discussing the Martha Stewart indictment and…

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