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What Does the Attorney-Client Protection Act of 2006 Do?
Senator Arlen Specter’s legislative proposal, The Attorney-Client Protection Act of 2006 (here), would roll back portions of the Thompson Memo on the considerations that go into deciding whether to prosecute a corporation, if Congress enacts it. The legislation may go beyond just organizations by protecting "any communication" covered by the attorney-client privilege and not just…
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Wesley Snipes Surrenders on Tax Charge
Action movie star Wesley Snipes surrendered at the federal courthouse in Ocala, Florida, on tax fraud charges filed against him in October. Snipes has been in Namibia filming a movie, and was released on $1 million bail and allowed to return there to finish the shoot. Snipes’ decision to return to the U.S. contrasts with…
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H-P Agrees to Civil Settlement Over Pretexting
Hewlett-Packard put some of the pretexting scandal behind it by agreeing to a civil settlement with the California Attorney General’s office. Perhaps most importantly for the company, there is no criminal charge from its internal investigation that involved obtaining the private telephone records of board members, employees, and reporters as part of an effort to…
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Operation Cyberstorm Convictions
The U.S. Attorney’s Office for the Northern District of California announced the conviction of three defendants for defrauding Microsoft by purchasing software from the company at the academic discount rate and then reselling it in violation of their agreement with the company. According to a press release (here): Mirza Ali, 59 and Sameena Ali, 52,…
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Former Deputy AG Ed Meese Calls for Passage of Specter Bill
In a press release of the Heritage Foundation, former Attorney General Edwin Meese III calls for Congress to pass the Specter bill – "The Attorney Client Privilege Protection Act of 2006." (For details on this bill, see here) He states that: "The principles embodied in the Attorney-Client Privilege Protection Act of 2006 strike the right…
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Specter Proposes Legislation on the Attorney-Client Privilege
Senator Arlen Specter proposed a bill today to "provide appropriate protection to attorney-client privileged communications and attorney-work product." This legislation titled "The Attorney Client Privilege Protection Act of 2006," has nine findings including that "[w]aiver demands and other tactics of Government agencies are encroaching on the constitutional rights and other legal protections of employees." In…
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A Blizzard of Documents
The New York Times reports (here) that prosecutors in the U.S. v. Stein case involving the prosecution of sixteen former KPMG partners and employees along with two other defendants are unleashing another round of documents on the defendants. The government is turning over records obtained in its investigation of Deutsche Bank for its role in…
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A Little Too Early, A Little Too Late
There are risks in every settlement, but the bankers at JP Morgan can’t seem to get the timing down very well in a couple recent settlements in securities fraud class actions. The Second Circuit overturned a district court’s decision to certify a class action in a massive securities fraud suit against dozens of Wall Street…
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Mortgage Fraud & Other Topics Highlight the Seminar
The Evolution of Crime in the 21st Century conference of the Continuing Legal Education of Georgia had some fascinating programs yesterday. Ken Morris and Jake Waldrop of the Federal Public Defender’s Office gave a superb overview of Computer Forensics and Internet Based Sex Crimes at the Federal Level. They discussed "what a lawyer needs to…
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Congress to Work a Five-Day Week Starting in January
Now this is a real white collar crime. A report in the Washington Post (here) notes that incoming Majority Leader Steny Hoyer delivered the bad news to Representatives and reporters who cover Congress, drawing moans from the journalists. Hoyer is reported to have told his colleagues, "Those trips you had planned in January, forget ’em.…
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