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What Happened to the Special Counsel?
My friend Kimberly Brown used to invite me once a year to address her Administrative Law class at University of Baltimore Law School. The topic was always the pros and cons of an Independent Counsel, operating under the auspices of the Independent Counsel Act, and a Special Counsel, appointed by the Attorney General. This was in the
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Terms Within the DP for Deutsche Bank
The Deferred Prosecution Agreement (DPA) is available online on the DOJ website here. Like so many DPAs, this one has terms that place the sole discretion on certain matters with the DOJ. For example, "Deutsche Bank agrees that in the event that the Department determines, in its sole discretion, that Deutsche Bank has knowingly violated any provision
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DP for Deutsche Bank Subsidiary to Pay $2.5 Billion
DOJ Press Release here today – "DB Group Services (UK) Limited, a wholly owned subsidiary of Deutsche Bank AG (Deutsche Bank), has agreed to plead guilty to wire fraud for its role in manipulating the London Interbank Offered Rate (LIBOR), a leading benchmark interest rate used in financial products and transactions around the world. In addition,
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In the News & Around the Blogosphere
Jennifer Steinhauer, NYTimes, Senate Confirms Loretta Lynch as Attorney General After Long Delay Michael S. Schmidt & Matt Apuzzo, NYTimes, David Petraeus Is Sentenced to Probation in Leak Investigation (esp)
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Ninth Circuit En Banc Reverses Barry Bond’s Conviction
An en banc decision of the Ninth Circuit, United States v. Bonds, reverses the obstruction of justice conviction against then professional baseball player Barry Bonds finding insufficient evidence of materiality under the statute, 18 U.S.C. s 1503. The decision is per curiam, with several concurring opinions, and one dissent. Hon. Kozinski, joined by Judges O'Scannlain,
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Second Circuit Denies Rehearing of Insider Trading Case Reversal
Earlier this month, the Second Circuit, as expected (at least by me), denied Southern District of New York U.S. Attorney Preet Bharara's request for reargument and reconsideration of its December 2014 ruling in United States v Newman which narrowed, at least in the Second Circuit, the scope of insider trading prosecutions. I would not
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District of Columbia Court of Appeals Makes It Official: Prosecutor’s Duty To Disclose Exculpatory Evidence Is Broader Than Brady
The case, handed down yesterday, is In Re Kline. This matter has wound its way through the disciplinary process for years. I posted about it here in 2012 and here in 2013. Kline was prosecuting Arnell Shelton for the shooting of Christopher Boyd. Shelton had filed an alibi notice and "the reliability of the government's identification witnesses" was the
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Samuel J. Buffone: 1946-2015
I am deeply saddened to report the death of Samuel J. Buffone, a giant in the D.C. and national white collar bars. Sam was not only one of the greatest appellate craftsmen of all time. He was also a consummate professional, gentleman, scholar and mentor. Sam was most recently a partner at BuckleySandler. Before that he was at
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More on Menendez
Courtesy of NPR. (wisenberg)
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Menendez
Here is the Indictment in United States v. Robert Menendez and Salomon Melgen. Here is the Washington Post story. (wisenberg)
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