-
The Privilege Waiver as the Price of Admission to a Deferred Prosecution Agreement
The indictment of Milberg Weiss may well be a turning point in the government’s pursuit of organizations through the use of criminal charges, particularly regarding issues related to the waiver of the attorney-client privilege. On of the cornerstones of the attorney-client relationship is the privileged status of the communications, and the professional responsibility rules impose…
-
The List of Grand Jury Subpoena Recipients in the Options Pricing Probe Keeps Growing
Add three more companies to the list of those that have received grand jury subpoenas from the Southern District of New York probing the pricing of stock options granted to senior executives, including the veracity of documents for the awards. The subpoenas, all delivered on Wednesday, May 17, were received by Affiliated Computer Services, Inc.…
-
Well, I Guess Mom Died 22 Years Ago
Dana Price entereda guilty plea to defrauding the federal Office of Personnel Management of over $700,000 by not reporting her mother’s death in 1983. The mother had been receiving survivor benefits based on her husband’s service in the U.S. government, but that should have ended upon her death in September 1983. Dana, however, continued to…
-
Milberg Weiss and Two Partners Indicted
Leading plaintiff securities class action firm Milberg Weiss and two of its name partners, Steven Schulman and David Bershad, were indicted on mail fraud, conspiracy, and RICO conspiracy charges in the Central District of California (indictment below). The defendants were added in a superseding indictment to the earlier prosecution of Seymour Lazar and another attorney…
-
Southern District Jumps Into Options Pricing Investigation
The U.S. Attorney’s Office for the Southern District of New York has issued grand jury subpoenas to Unitedhealth Group and Vitesse Semiconductor concerning the timing of options grants to senior executives and allegations that documents were backdated to allow the options to be issued at a lower price to enhance their value. Unitedhealth announced the…
-
Enron Jury Instructed
Some white collar attorneys have come to a realization this week – and that is that different places in the United States proceed differently when it comes to the reading of jury instructions. In the trial of Skilling/Lay, reports say that instructions were given prior to the closing arguments. This differs sharply with some jurisdictions…
-
Tenet Shows It Knows When to Fold ‘Em
The Department of Health & Human Services’ Office of the Inspector General tried to wipe out Alvarado Hospital in San Diego by initiating a proceeding to bar it from participating in federal healthcare programs, a death sentence for any provider in the field (see earlier post here). Tenet Healthcare Corp, Alvarado’s corporate owner, decided to…
-
Would You Believe I Overheard Two Guys in a Bar Talking About the Deal?
My mother always said that it wasn’t what I did that got me in trouble, it was the fact that I lied about it. That was not entirely true, of course, but the lie can certainly turn a bad situation worse. That is especially applicable when the lie involves an SEC insider trading investigation and…
-
DOJ Corporate Charging Policies Article
An article studying how the Department of Justice approaches charging corporations with crimes and the terms of deferred prosecution agreements will be published in the St. Louis University Law Journal. The article, Devolution of Authority: The DOJ’s Corporate Charging Policies, was written by Lawrence D. Finder and Ryan McConnell, and is available through SSRN (here). …
-
Fugitive Hedge Fund Manager Arrested
Kirk Wright, who is accused of defrauding clients in hedge funds he managed, has been arrested in a Miami hotel, according to a Wall Street Journal story (here). Among the investors who put money into Wright’s firm were a number of former NFL players and many African-American professionals in the Atlanta area, and the losses…
-
Subscribe
Subscribed
Already have a WordPress.com account? Log in now.
MattBray.net 