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Powell on Weissmann
To no one's surprise, Sidney Powell is not happy with the selection of Andrew Weissman to head up DOJ's Fraud Section. Here is her take on the decision in this week's New York Observer. (wisenberg)
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It’s A Long Long Way From Irizarry. But It’s Still Plain Error.
In United States v. Coppenger, the defendant pled guilty to conspiracy to commit bank (mortgage) fraud and a Klein conspiracy. Coppenger, a developer, led and initiated the scheme, which involved two Panama City land parcels, 33 straw buyers and three corrupt mortgage company officers. The Government requested a downward departure based on Coppenger's substantial assistance, and the parties agreed that a…
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Campaign Corruption – Internationally
A former Peru president is convicted "of funneling more than $40 million in public funds to tabloid newspapers that smeared his opponents during his 2000 re-election campaign." See AP, Former Peru President Convicted of Corruption (esp)
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Heads I Win, Tails You Lose: Using the Defendant’s Trial Testimony to Determine the Guideline Range
In United States v. Norman, the defendant was convicted of wire fraud conspiracy after a jury trial in which he testified in his own behalf. The sentencing court assessed two points against Norman for obstruction, based on the defendant's allegedly perjurious trial testimony. But the judge also determined amount of loss and number of victims based on Norman's testimonial admissions. On appeal, Norman objected to this…
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U.S. Sentencing Commission Seeks Comment on Revisions to Fraud Guideline
2B1.1, the fraud sentencing guideline, has been controversial. The controversay has centered on several points including its complexity, its focus on fraud loss, its failure to sufficiently focus on offender culpability, and the problems that accrue in determining fraud loss. The U.S. Sentencing Commission recognized some of these problems and held a conference at John…
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Collateral Consequences in 2015
As we start off the year, I thought I would mention an issue that will likely be widely discussed in 2015 – collateral consequences. As I mentioned in this 2014 post, I moderated a panel discussion regarding collateral consequences at the 2014 ABA CJS White Collar Crime Institute in London last October. That discussion raised…
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McDonnell Gets Two Years
Jennisfer Steinhauer, NYTimes, Bob McDonnell, Ex-Governor of Virginia, Sentenced to 2 Years for Corruption (esp)
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You Can’t Take Back Time Served – McDonnell Should Remain Free Pending Appeal
Many are focused on what sentence former Virginia Gov. Bob McDonnell will receive from the judge today. After all, he was convicted, and now is the time for him to be punished. But there is a second question, and an important one in this particular case, that also warrants consideration: Whether the former governor should…
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Happy New Year
Thanks for your readership. Wishing everyone a happy, healthy, and peaceful new year! (esp)
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Two Views on Second Circuit’s Insider Trading Decision
Here are two (ahem) differing views on yesterday's Second Circuit insider trading decision in United States v. Newman. The Wall Street Journal editorial writers are understandably happy at the ruling and contemptuous of Preet Bharara, dubbing him an Outside the Law Prosecutor. The Journal exaggerates the extent to which the case was an outlier under…
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