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Government Concedes Error in Enron Broadband Conviction
The government’s effort to convict executives from Enron’s Broadband Unit on fraud charges suffered another blow when prosecutors conceded error in four of the five counts of conviction of Kevin Howard, the former CFO of the unit. After the first Broadband proceeding against five defendants ended in a mistrial after a mind-numbingly dull presentation, the…
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Libby Argues No Underlying Crime
"Scooter" Libby is arguing that there was no underlying crime, no motive to lie, and thus the jury should be allowed to hear evidence that he had no reason to lie. From a legal perspective this is a tough argument as perjury (actually false declarations here) does not require a motive and a lack of…
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Tough Times for Republicans – Noe Convicted
The Wall Street Jrl reports here that Republican fundraiser Tom Noe has been convicted of state charges of "theft, money laundering, forgery, and tampering with evidence." The case involved the Ohio Bureau of Workers’ Compensation. Noe’s involvement with rare coins and the use of such a fund for investment has been controversial. For background see…
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The Last of the Three
It started as three – Lay, Skilling, and Causey. Lay is gone, Skilling is embarking on a 24+ sentence that awaits appeal, and Richard Causey, former Chief Accounting Officer at Enron, who dropped off the team middle of the road – that is, after indictment, but before trial –by entering a plea – now will…
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Booker and the Future of Federal Sentencing
Professor J. Kelly Strader (Southwestern) guest blogging writes: Two developments raise questions concerning the future of federal sentencing in the post-Booker era. The first development arises from the shift in the Supreme Court’s composition since the Court decided Booker in 2005, and the second from the results of last week’s mid-term elections. In Booker, Justice…
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Lawyer Pleads Guilty
A press release of the US Attorney of the Northern District of Georgia tells of a plaintiff’s attorney who plead guilty to federal criminal charges. The press release states in part that the defendant: "was a plaintiff’s lawyer who specialized in construction litigation and represented many individuals who suffered physical injury and property damage resulting…
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A Sentencing Week Ahead
This week will be a week of sentencing as many of the Enron-related cases reach their final stages. Set for this week is Richard Causey, who will be sentenced on Wednesday, and Mark Koenig and Michael Kopper are set for Friday. Analysis on this upcoming sentencing will follow throughout this week. (see Houston Chronicle here)…
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Former CEO of PurchasePro Removed From Ongoing Trial
The court removed, in the middle of trial, one defendant as a result of his attorney asking to withdraw from the case. The Washington Post reports here that the court allowed former PurchasePro Inc.CEO Charles E. Johnson Jr.’s attorney to withdraw from the case despite the fact that they were three weeks into the trial.…
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Survey For New Lawyers
Over at Law School Innovation, Gene Koo of Harvard’s Berkman Center for Internet and Society is now guest-blogging and seeking help on developing a survey for new lawyers in order to learn more about how prepared they are for today’s legal work world. If you have a minute, how about helping by checking out the…
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Al-Arian Faces Grand Jury After Plea
Perhaps one of the worst nightmares for a convicted defendant is the thought that they will be subpoenaed before a grand jury, given immunity, and then forced to testify. Like the conviction isn’t enough, the government forces cooperation with the threat of increased jail time for contempt. For example, Susan McDougal spent many months in…
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