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One Day in Prison for Wal-Mart Executive
The Morning News in Arkansas reports here that Robert Hay, a former Wal-Mart executive, received a prison sentence of one day, six months supervised release and $3,000 fine. The plea was to three counts of wire fraud. One has to admit that this is a pretty light sentence, but then again his role was minimal…
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Kozlowski – Money to Pay Fines
Dennis Kozlowski, the former CEO of Tyco who was found guilty in state court (NY) was given a fine and restitution of 167 million. (see here) Unlike others convicted of white collar crimes, like Bernard Ebbers, he and co-defendant Mark Swartz were ordered to immediately begin serving their time. (see here) The Wall Street Jrl…
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An Oops on Redaction for DOJ
While the government was busy subpoenaing the reporters who they thought may have leaked confidential Grand Jury secrecy material in the steroid investigation, they must have been surprised to find out that they themselves were the source of a leak. Adam Liptak in a wonderful NYTimes article here details how 8 pages that the government…
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Sealing Indictment Does Not Toll Statute
Putting an indictment under seal will not be the answer for the government when they have an approaching statute of limitations. Indicted one day before the running of the statute of limitations, the government decided to seal the indictment. They had superseding indictments over the next 21 months. The government argued in the Southern District…
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More Questions for Ney
The Senate Indian Affairs Committee issued a report here, dated June 22nd, that will likely be weekend reading for many. The Washington Post here reports on this Abramoff related report, a report that tells the story of some Washington DC lobbying and money lost by tribes. The article looks at what Rep. Ney said and…
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The Sharks Smell Blood in the Water
The fallout from the Milberg Weiss indictment continues to spread as other firms seek to lure away its partners and a remnant formed by former name partner William Lerach is accused of being linked to the misconduct. An article in The Recorder (here) states that a San Francisco law firm is soliciting a number of…
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A Hint About How Causey’s Guilty Plea Affected the Skilling Defense
In federal criminal prosecutions, Rule 29 permits a defendant to ask a court to dismiss charges for lack of evidence (and sometimes on other grounds) during the trial and after a verdict. Under the federal rules, it is important to make the motion to preserve the argument for appeal that the government did not introduce…
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Be Careful Where You Apply When You Pad Your Resume
Resume-padding is a problem in every industry, although it takes a certain amount of chutzpah to claim credentials one never achieved. If one is going to pad a resume, however, it might be a good idea to avoid embellishing your record when it involves a different branch of the same government where you once served. …
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Tenth Circuit Rejects Selective Waiver Argument in Qwest Securities Class Action
The Tenth Circuit joined every other federal circuit aside from the Eighth Circuit in rejecting the "selective waiver" approach to the attorney-client privilege and work product protection, which means that documents provided to the government cannot be withheld on either a privilege or work product claim. The decision arises from the private securities fraud claims…
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Prosecutors Missing the Mailing in a Mail Fraud Count
The Chicago Tribune, in an article by Rudolph Bush and Matt O’Connor, reports here that a mail fraud count was dismissed by the court when prosecutor’s were unable to prove the "mailing" aspect of the charge. The dismissal comes at the close of the government’s case in what has been termed the "City Hall Corruption"…
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