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If It Were Your Office . . .
According to the Washington Post here, Senate Majority Leader Bill Frist is "okay" with the search of Rep. William Jefferson’s office. But would he be "okay" if it were his office? Would he be "okay" if someone from the executive came into his office and took documents or materials because they believed a crime had…
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On to the Sentencing
Clearly a topic of discussion is the upcoming sentencing of Ken Lay and Jeff Skilling. Co-blogger Professor Peter Henning provides interesting points here. Professor Doug Berman also has some thoughts here and here. This will clearly be a topic of upcoming conversation. But what are Ken Lay and Jeff Skilling thinking right now? And what…
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The Legacy of Enron
Throughout legal history, scandals have come and gone, and there have been white collar prosecutions to match them – just ask Michael Milken. The recent white collar prosecutions, however, have been different. The types and number of charges have increased, and the penalties have become enormous – often the equivalent of life sentences. It is…
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Executive v. Executive
Who is in charge of the executive — that is when it comes to the power of the President versus the Attorney General? According to the Washington Post here, it looks like the issue may temporarily be on hold, in that the evidence obtained in a search has been sealed. (see here) The controversy involved…
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Has the Lawyer Flight Begun at Milberg Weiss?
The indictment of plaintiff class action law firm Milberg Weiss on conspiracy and mail fraud charges did not mean that the firm would necessarily go out of business, but the pressure from the indictment is starting to show. An article in The Recorder (available on Law.Com here) notes that since the grand jury indicted the…
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The Parameter for CEO Sentencing
The past year has seen the conviction and sentencing of CEOs from WorldCom, Adelphia Communications, and Enron, and it may be that a pattern has emerged that establishes a likely parameter for the sentencing of Ken Lay and Jeffrey Skilling. In all the cases, the companies collapsed after the revelation of significant accounting issues, and…
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Former Aide to Rep. Jefferson Sentenced to 8 Years on Bribery Charge
Brett Pfeffer served as an aide to Louisiana Representative William Jefferson for three years in the late 1000s, and more recently was solicited for a bribe by his former boss in exchange for the Representative’s assistance in obtaining contracts in Nigeria to provide broadband services. On May 25, he received a 96-month prison term after…
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Lay & Skilling – Appellate Issues
Although sentencing is still to come for Ken Lay and Jeff Skilling, the wheels are probably turning on what issues might be used for an appeal. Some of the issues that we may see, without predictions on their success or failure, are: Venue – the court’s denial of the motion to move the case from…
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Martha Stewart, Part Deux: The SEC Inisder Trading Case
Along with the criminal indictment on false statement, perjury, obstruction, and conspiracy charges filed on June 4, 2003, Martha Stewart and Peter Bacanovic were sued the same day by the SEC for insider trading (complaint here) arising from her sales of ImClone Systems, Inc. stock on December 27, 2001. The Commission alleged that Stewart sold…
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President Bush Orders Evidence Seized from Rep. Jefferson’s Office Sealed
President Bush issued an memorandum (here) directing that the materials seized from Representative William Jefferson’s office on May 20 be sealed for 45 days to permit the Department of Justice and the House of Representatives to resolve the issues related to the search. The memorandum states: (1) The Attorney General, acting through the Solicitor General…
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