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Defense – Be Careful With Proffers
Proffers have long served as a helpful way for the government and defense to determine if a matter can be resolved. But it looks like the government wants to change the rules with respect to proffers. And the ramifications of their actions may prove to be detrimental to the future of proffers by corporate employees.…
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What’s Happening in LobbyGate?
Chairing a committee in Congress seems to be dangerous this days – – at least if you happen to be a Republican politician. The latest according to the Washington Post here is an investigation of the dealings of "Rep. Jerry Lewis (R-Calif.), chairman of the House Appropriations Committee." And yes, it appears that the issue…
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The Dominoes Start Falling
When a couple of defendants in a case plead guilty and the possibility of a reduction in sentence is mentioned, it is not uncommon for the dominoes to start falling. One has to wonder if that might happen with respect to a recent guilty plea entered by two former NY Stock Exchange floor traders. (See…
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How Much Is That Special Committee in the Window
The Wall Street Journal Law Blog has an interesting post (here) on the attorney’s fee payments made to date by Hollinger International, Inc. to its former officers and directors in connection with the various investigations and litigation related to Lord Conrad Black’s alleged looting of the company. Black has been indicted and is facing trial…
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Kentucky Governor Indicted on Misdemeanor Charges Related to Hiring Practices
Kentucky Governor Ernie Fletcher was indicted by a state grand jury on charges of conspiracy, official misconduct, and illegally discriminating against a state employee on the basis of politics. The Kentucky Attorney General, Greg Stumbo, is a Democrat, and Governor Fletcher is a Republican, so it should come as no surprise that allegations of political…
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Another Strange Turn in Insider Trading Saga
The story of the insider trading ring organized by David Pajcin and Eugene Plotkin, who met while working at Goldman Sachs, took another turn with the arrest of Pajcin’s high school friend, Jason Smith, on insider trading and criminal contempt charges. Pajcin and Plotkin showed a voracious appetite for inside information, as discussed in an…
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Sentencing in Fortune Teller Fraud Case
Would you believe someone if the person told you she was a psychic and could foresee the future? Apparently, enough victims did because Linda Marks admitted to bilking clients, many of them elderly, out of $2 million dollars by passing herself off as a psychic. Regardless of whether she could conjure the future, Marks received…
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Morgan Stanley Pays $15 Million Penalty for E-Mail Problems
Morgan Stanley & Co. has had more than its fair share of problems producing e-mails in civil litigation and to the SEC. The company settled an SEC civil complaint (here) alleging that from 2001 to 2005 it failed to supply e-mails in Commission investigations into IPO distributions and conflicts involving research analysts. According to the…
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More on the Ostrich Instruction
U.S. District Judge Sim Lake is following his plan to give jurors an "Ostrich Instruction" for both Ken Lay and Jeffrey Skilling when he charges the jury before closing arguments. A New York Times article (here) discusses the controversy over the judge’s decision, and quotes co-blogger Ellen Podgor questioning whether the instruction in appropriate given…
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Ohio Republican Fundraiser to Plead Guilty to Campaign Finance Violations
Tom Noe has been at the center of an expanding campaign finance and corruption investigation in Ohio for the past year. He was indicted on state charges related to investments he allegedly made on behalf of a state workers compensation fund in rare coins that turned out to be largely non-existent, resulting in a loss…
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