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Ebbers to Begin Serving 25 Year Sentence This Week
Bernard Ebbers will begin serving a 25 year sentence this week. The Washington Post here notes comments on this upcoming sentence, including a comment by Professor Frank Bowman stating that "[m]y own sense is that any sentence over 20 years for anybody for an economic crime is hard to justify." So why is it that…
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Conference – “The Grammar of Criminal Law, American, European, International”
On November 5 and 6, 2006, The Benjamin N. Cardozo School of Law, the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo Law Review will present a conference on George P. Fletcher’s forthcoming book, The Grammar of Criminal Law, American, European, International. Kyron Huigens and Rick Bierschbach are the organizers of the conference…
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Does the Olis Resentencing Portend a Harsh Sentence for Skilling?
As discussed in earlier posts (here and here), former Dynegy executive Jamie Olis was resentenced by U.S. District Judge Sim Lake to serve six years in prison for his convictions on securities fraud and conspiracy charges. While Judge Lake determined that the Sentencing Guidelines called for a prison term of approximately 12-15 years, he gave…
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H-P’s Mea Culpas
Hewlett-Packard CEO Mark Hurd held a press briefing — no media questions were allowed so it was not very enlightening — in which he described his role in the company’s internal investigation that involved "pretexting" to obtain private data on journalists, directors, and officers. In addition to apologizing for H-P’s conduct, Hurd’s eight minute statement…
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More on Olis Re-Sentencing
This is a decision that reflects the difficulty faced by courts in trying to decide what is the "loss" figure. Courts are forced to use mathematics to determine what is the appropriate punishment for an individual. This court appropriately went beyond the arithmetic to look at the individual and noted that Jamie Olis had no…
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Olis Re-Sentenced to Six Years
Jamie Olis, who initially received a sentence of 24 years (292 months total) for convictions of "securities fraud, mail and wire fraud, and conspiracy" arising from his "work as a tax lawyer and accountant at Dynegy Corporation," was resentenced today to six (6) years. The appellate court had affirmed his conviction, but not surprisingly vacated…
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Let’s Paper the Place with Subpoenas
The situation at Hewlett-Packard threatened briefly to turn into a nasty fight as California Attorney General Lockyer announced that the company was no longer cooperating in the investigation of "pretexting" so he had "instructed my lawyers this morning to paper the place with subpoenas." Wilson Sonsini has bowed out — or been eased out —…
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Samsung Executive Pleads Guilty to Price Fixing
An executive with Samsung Semiconductor, Thomas Quinn, entered a guilty plea to fixing prices in the dynamic random access memory (DRAM) chip market, marking yet another prosecution of executives of the leading manufacturers. According to a Department of Justice press release (here), Quinn admitted to "[p]articipating in meetings, conversations, and communications with competitors to discuss…
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Getting Ready for the H-P Hearing in Congress
The attention in the Hewlett-Packard investigation will turn to Congress on September 28 when a subcommittee of the House Energy & Commerce Committee grills chairwoman Patricia Dunn, general counsel Ann Baskins, outside counsel Larry Sonsini, and security manager Anthony Gentilucci. Outside private investigator Ronald DeLia, who has been linked to the "pretexting" that is the…
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Another GC Bites the Dust
Online resume company Monster Worldwide, Inc., announced that it has suspend its general counsel, Myron Olesnyckyj, because of his involvement in options backdating at the company. Monster Worldwide disclosed in July that as a result of an internal investigation of options grants it would have to restate some of its financial statements, and on September…
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