Blog

  • Will Another GC Be Indicted for Options Backdating?

    An article in The Recorder (here) states that former McAfee Inc. general counsel Kent Roberts may be indicted by prosecutors in the Northern District of California for backdating documents related to options he received from the company.  The options-timing investigations have already resulted in a guilty plea from another GC, William Sorin at Comverse Technology. …

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  • Monster Woldwide Fesses Up to Options Backdating

    On-line employment company Monster Worldwide, Inc. disclosed that the options backdating at the company was the result of intentional conduct and not "mere oversights" by executives.  A press release (here) states: The Special Committee has determined that the exercise price of a substantial number of stock option grants during the periods between 1997 through March…

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  • Where White Collar Criminals Wind Up

    The past year has seen the imprisonment of a number of high-profile white collar defendants, including former CEOs like Jeffrey Skilling and Bernie Ebbers, and former political heavyweights like Representative Randy "Duke" Cunningham and Jack Abramoff.  The prison terms they and others received has increased the awareness of what a change prison life is for…

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  • First Foreign Economic Espionage Act Convictions

    The U.S Attorney’s Office for the Northern District of California announced the first two convictions under 18 U.S.C. Sec.1831 for foreign economic espionage in a case that began with an arrest back in 2001.  According to a press release (here): Fei Ye and Ming Zhong pleaded guilty today to two counts each of economic espionage.…

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  • Protecting the Privilege and the Issue of Remedy-Part II

    Focusing on Four Things – 1. In analyzing the McNulty Memo, there are several interesting points to note within the initial parts of the document.  In going from the Holder Memo to the Thompson Memo, Larry Thompson outlined in the initial paragraphs the main reason for revisions – "increased emphasis on and scrutiny of the…

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  • House Subcommittee Asks About H-P CEO’s Stock Sales

    While the Hewlett-Packard pretexting imbroglio has faded from view, a House Subcommittee decided to pepper company CEO Mark Hurd with an inquiry about his exercise of options on 100,000 shares of stock and immediate sale on the day he was interviewed in August 2006 as part of the company’s internal investigation.  The Subcommittee letter is…

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  • Court Rejects New Trial Motion of Scrushy and Siegelman

    Chief U.S. District Judge Mark Fuller rejected the new trial motion of former HealthSouth CEO Richard Scrushy and former Alabama Governor Don Siegelman after their convictions on corruption charges.  The defendants sought the new trial on grounds of juror misconduct, specifically related to outside evidence in the jury room and improper deliberations.  The opinion (available…

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  • Is David Stockman Headed Back to the Woodshed?

    Former political wunderkind David Stockman was famously taken to the woodshed by President Reagan for his comments about the administration’s tax and budget cuts when Stockman was head of the Office of Management and Budget.  He may be headed back there, according to a report in the Detroit News (here) that a federal grand jury…

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  • Protecting the Privilege and the Issue of Remedy

    The Department of Justice’s latest guidance on prosecuting corporations, the newly-christened McNulty Memo, tries to assuage some of the concerns of corporations and various interest groups about the frequency with which federal prosecutors can request waiver’s of the privilege.  This latest iteration of the Department’s policy is now even more complex than its predecessors, the…

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  • Leak Investigations

    Recent leaks in corruption cases have become a focus of an FBI investigation. (see here) FBI Director Robert Mueller should be congratulated for this move as leaks can seriously impair the ability of an individual from getting a fair trial.  It is even more problematic when the leak involves material being presented to a grand…

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