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Ebbers Conviction Upheld
The Second Circuit Court of Appeals upheld the conviction of Bernard J. Ebbers, the former CEO of WorldCom. Ebbers argued four basic issues on appeal: defense witness immunity, the giving of a conscious avoidance instruction, the failure to require to prove violations of GAAP, and the sentence. The court rules that "[t]he government is under…
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Settlements With DOJ
Are settlements with DOJ tax deductible? According to Paul Caron, on the tax prof blog, Boeing has decided not to deduct. (see here). Some, however, are not too happy with DOJ, for not considering the tax implications when reaching the settlement. (see here). As stated by Senator Grassley in a press release: "It’s good Boeing…
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30 Year Sentence in White Collar Case
The message to white collar criminal defendants is becoming clear – exercise your right to trial and you face the possibility of what in essence may end up being a life sentence. This week in Miami a banker received a 30 year sentence for his alleged role in a bank fraud. (see Miami Herald here)…
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The “Hot Stock Tip” Scam
In a variation on the misdirected fax scam, the U.S. Attorney for the District of Columbia and the SEC filed criminal and civil fraud charges against three defendants alleging that they left of number of "mistaken" voicemail messages talking about a hot stock and creating the impression the caller had inside information. Much like the…
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Court Suppresses Two Statements in KPMG Defendants’ Cases
Judge Lewis Kaplan has issued yet another Order in the KPMG defendants case that indicates that government coercion will not be tolerated. In a thoughtful and well-written Order he states: "Having considered the evidence, the Court is persuaded that the government is responsible for the pressure that KPMG put on its employees. It threatened KPMG…
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Rep. Jefferson’s Documents Remain Locked Up
The documents seized from Representative William Jefferson’s office in the Rayburn House Office Building in May will remain sealed while he pursues an appeal of U.S. District Judge Thomas Hogan’s decision upholding the search. The D.C. Circuit issued an administrative injunction prohibiting the Department of Justice from beginning its review of the records, in response…
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He’s Back, and No More Talkative
Greg Anderson, the former personal trainer for San Francisco Giants slugger Barry Bonds, will be called back to testify before the new grand jury being scheduled to be empaneled on July 27 to take up the perjury investigation where the prior panel left off. The earlier grand jury’s term expired on July 20, at which…
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SEC Adds Three More Croatian Defendants to Insider Trading Case
The SEC amended its complaint in the insider trading case that grew out of suspicious call option purchases of Reebok before its announced takeover by Adidas in August 2005 by adding three new overseas defendants, all with ties to Croatia: Bruno Verinac, Antun Dilber, and Anto Krsic. The case began with trading by a person…
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Sixth Circuit Rejects Government Taint Team to Review Subpoenaed Documents
In the usual case in which a grand jury issues a subpoena for documents, the recipient determines what is responsive and, if necessary, asserts any attorney-client privilege and work product protection claim by refusing to turn over the records. At that point, the ball is in the government’s court to either challenge the claimed privilege…
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NACDL Seeks New Executive Director
National Association of Criminal Defense Lawyers Executive Director Search under way for Executive Director of the National Association of Criminal Defense Lawyers (NACDL), a $4 million budget, 12,500-member member organization with 90 affiliates. Seek individual to direct overall operations, oversee 20-person staff, lobbying, and legislative programs, publication of monthly magazine and other periodicals, organization of…
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