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Boeing Deal Confirmed
Posted here was the upcoming Boeing deal with the DOJ. It now is official, as the DOJ reports here that Boeing will be paying $615 million to "resolve fraud allegations." The DOJ press release states: "[t]he $615 million settlement includes a $565 million civil settlement and a $50 million monetary penalty according to a separate…
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“Honest Services” In Mail Fraud
In 18 U.S.C. 1346, Congress as part of the Anti-Drug Abuse Act of 1988 provided that a "’scheme or artifice to defraud’ includes a scheme or artifice to deprive another of the intangible right of honest services." Unfortunately, a definition of honest service was not provided. Many courts have struggled with how far to allow…
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Asset Forfeiture – Skilling & Lay
With convictions in against Skilling and Lay, it is not surprising to see the government moving on asset forfeiture. According to Yahoo News (AP) here, the government is seeking "$139.3 million from Skilling and $43.5 million from Lay." The criminal conviction, if upheld on appeal, will assist greatly in them securing money. The question will…
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So Much For a Unified Front
While the former KPMG partners and employees scored a victory when the U.S. District Court found that the government pressured the firm into cutting-off attorney’s fees and giving them an opportunity to seek reimbursement, in some ways that issue is a minor — if expensive — sideshow to the broader question of how to defend…
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Will Libby’s Trial Be Delayed Further?
An AP story (here) reports that U.S. District Judge Reggie Walton will hold a motion by I. Lewis Libby until September before deciding whether to postpone the trial that is currently scheduled to begin on January 8, 2007. Libby’s lead trial counsel, Theodore Wells, Jr., of Paul Weiss, has a trial scheduled in Los Angeles…
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Former NYC Police Commissioner Pleads Guilty to Misdemeanor Corruption Charges
Former New York City Police Commissioner Bernard Kerik, who was briefly advanced in 2004 to serve as Secretary of the Department of Homeland Security, entered a guilty plea to two misdemeanor corruption counts in New York Supreme Court in the Bronx. The two charges relate to Kerik accepting $165,000 in renovations to his Bronx apartment…
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Bonds’ Former Trainer Refuses to Testify Before a Grand Jury
Greg Anderson, the former personal trainer for San Francisco Giants slugger Barry Bonds, refused to testify before a federal grand jury in San Francisco investigating whether Bonds committed perjury in 2003 when he testified about his lack of knowledge in taking steroids. Anderson was connected to Victor Conte’s drug lab, Balco (Bay Area Laboratory Cooperative),…
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The Beat Goes On for Scrushy
The conviction of former HealthSouth CEO Richard Scrushy on conspiracy and corruption charges is but one step in a line of cases that may well stretch through the rest of the decade. The guilty verdict in Montgomery, Alabama, on charges related to a $500,000 payment to then-Governor Don Siegelman, came 366 days after his acquittal…
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Northern District of California USAO Cranks Up Its Options-Timing Investigation
As if the investigation of Barry Bonds for perjury wasn’t keeping the U.S. Attorney’s Office in San Francisco busy enough, two more grand jury subpoenas have been issued by the Office to companies as part of the ever-widening options-timing investigation. Intuit Inc. and Equinix, Inc., both headquartered in the district, disclosed that they have received…
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Tenet Pays $900 Million to Settle Medicare Fraud Claims
Tenet Healthcare Corp. has agreed to pay $900 million to settle claims that it gamed the Medicare system to enrich itself. Two Tenet hospitals in California have been in the news the past couple years for practices involving unnecessary surgeries and improper agreements to attract physicians to relocate their practices. With one hospital, the Alvarado…
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