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Kobi Alexander Gets Bail
Kobi Alexander, former CEO of Comverse who was found in Namibia (see here), has now appeared in court and according to the Wall Street Journal he was granted bail. (see here) The question will now be whether Namibia will extradite Alexander back to the United States. Bloomberg News reports here that the initial charges related…
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ABA Money Laundering Conference
The ABA Money Laundering Conference is scheduled for October 8-10 in Washington, D.C. Details can be found here and the program can be found here. (esp)
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Wire Fraud Plea Nets Two Years
A former US Army contract officer received a two year prison sentence, supervised release, and restitution after entering a plea to wire fraud. According to the DOJ press release here, "Johnson admitted that from 2000 to 2005, he used his official position to obtain more than $150,000 from the Army by directing two prime contractors…
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What Will Causey’s Sentence Be?
After watching Andrew Fastow’s sentence be reduced to six (6) years, despite a clear plea agreement that called for ten (10) years, one has to wonder what sentence will be imposed on Richard Causey. Tom Kirkendall at Houston ClearThinkers has a discussion of the plea here and the plea agreement can be found here. The…
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Who Knew What When About Representative Foley’s Communications
The investigation of the inappropriate e-mail and text messages sent by former Representative Mark Foley to former House pages threatens to become a much broader investigation. While Speak Dennis Hastert initially asserted he did not learn of the communications until they came to light this week, Representative Thomas Reynolds asserts that he informed the Speaker…
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Making “Pretexting” a Crime
At the House Energy & Commerce Subcommittee hearings on the Hewlett-Packard internal investigation that involved pretexting to obtain private telephone records, some of the Representatives railed at the H-P witnesses, particularly former chairwoman Patricia Dunn and outside counsel Larry Sonsini, that the practice is already a crime. Yet, it is not entirely clear what federal…
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Sensenbrenner – Topless Guidelines
Sensenbrenner introduced on Friday a "topless guidelines Booker fix." For full details check out Professor Doug Berman’s Sentencing Blog here. A perfect reason why this should not be considered is found in the very statistics of the Sentencing Commission which reports in March 2006 that "The majority of federal cases continue to be sentenced in…
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Second Day ABA Securities Fraud Institute
Parts of the first day of the ABA Securities Fraud Institute are discussed here. Day Two included a panel breakout on Securities Fraud Sentencing After Booker. The panel members were Hon. Melinda Harmon, who moderated, and Eric Bustillo, David Gerger, Stephen Prowse, James Robinson, and myself. One interesting theme that arose in the panel’s discussion…
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Could the H-P Pretexting Trigger a Conspiracy Charge
The sight of ten witnesses taking the Fifth Amendment at the House Subcommittee hearing looking into Hewlett-Packard’s conduct of its internal investigation sure makes it look like everyone was working together, although each has his or her own reasons for asserting the privilege. The key question for the two top H-P lawyers caught up in…
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Royal Ahold Lands a Nonprosecution Agreement
Royal Ahold N.V. and its American subsidiary, U.S. Foodservice, entered into a nonprosecution agreement (available below) with the Department of Justice related to accounting fraud that inflated the company’s earnings. The former CEO and CFO of U.S. Foodservice and a number of vendors pleaded guilty in 2005 to fraud charges for inflating vendor allowances that…
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