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Another New Law Blog
In the burgeoning world of media-sponsored law blogs, the Washington Post has started one called Bench Conference (here) that is written by Andrew Cohen. Another good source of legal information and commentary in the blogging world. (ph)
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HHS Seeks to Knock Out San Diego Hospital
The Office of the Inspector General for the Department of Health and Human Services is seeking the ultimate punishment against a San Diego hospital by seeking to bar it from participating in federal healthcare programs, most importantly Medicare and Medicaid. An OIG release (here) states that the Department has issued a notice to Alvarado Hospital…
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The Linda Schrenko Trial
Former state school Superintendent of Georgia, Linda Schrenko, is now in the second week of her trial. So far there have been witnesses testifying for the prosecution saying that Shrenko was "illegally funneling money into then-Georgia School Superintendent Linda Schrenko’s 2002 campaign for governor." (See Atlanta Jrl Constitution here) The Atlanta Jrl Consitution has a…
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Looks Like the Ostrich is In
According to Mary Flood’s Houston Chronicle Blog here, it looks like the draft instructions include willful blindness. (see co-blogger Peter Henning’s post here) But there is a question perhaps about whether this instruction fits the case. (see here). Clearly this instruction makes is easier for the prosecution as it allows the jury to find knowledge…
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KPMG Hearing on Thompson Memo
Yesterday a hearing was held on whether the Thompson Memo was used to coerce the company from paying individual attorney fees. (see post here) Both the NYTimes (here) and Wall Street Jrl (here) report on that hearing. Also check out Professor Larry Ribstein’s Ideoblog here comparing prosecutor conduct in KPMG and business conduct in the…
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5K1.1 Decision In HealthSouth Related Case
According to the Eleventh Circuit in the case of U.S. v. McVay, a 5K1.1 motion filed by the government does not give a district judge a unlimited license to depart. McVay, the former "Chief Financial Officer and Senior Vice-President, and Trreasurer of HealthSouth Corporation" plead guilty to conspiracy to commit wire and securities fraud. The…
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Government Building Cooperating Witnesses to Join Abramoff
Others are joining the Abramoff Club – they are pleading guilty. According to Forbes Magazine (AP) here a former aide to Rep. Ney has joined the ranks of pleading guilty and become a government cooperating witness. The Washington Post here notes that Neil Volz, the latest to enter a plea, served as press secretary and…
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Former Gemstar Executive Gets Civil Penalty
The Wall Street Journal reports here that former CEO of Gemstar-TV Guide International, Inc., Henry C. Yuen, has been ordered to pay $22.3 million. He also will be barred "from serving as an officer or director of a publicly traded company." But it sounds like there may be an appeal of this ruling. For some…
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Commentary on Lay/Skilling Trial and Possible Aftermath
With the conclusion of the prosecution and defense cases in the Lay/Skilling trial, here are some comments on the trial – Houston Chronicle here LA Times (AP) here Wall Street Journal here Washington Post here But even if Lay is Succesful at Trial, there are other possible charges that he could face – Co-blogger Peter…
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Skilling/Lay Trial – Defense Rests
The defense ended its presentation of witnesses in the Skilling/Lay trial followed by courthouse step comments on their inability to present some witnesses that they wanted the jury to hear. According to the Houston Chronicle here, Skilling’s attorney Dan Petrocelli was unhappy that witnesses had not testified for the defense out of fear of being…
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