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Hearing on Thompson Memo (Attorney Fee Question for KPMG Defendants) is Today
The KPMG defendants have a hearing today that may at last expose the government’s use of the Thompson Memo to secure cooperation from companies to the detriment of its individuals. (see Order here) Whether the government can influence a company not to pay individual attorney fees is at the heart of the discussion. For a…
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Medco – Another Company to Bow to the Government?
According to the Wall Street Journal here it sounds like Medco will be entering into either a deferred or non-prosecution agreement with the government. The cost to the company appears to be "a pretax charge of $163 million." Although the article tells us that the agreement, which is not final, will likely not include any…
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The Lowest of Crimes – Gets Three Years
According to a press release here of the US Attorneys Office for the Western District of Washington, an individual was sentenced to three years in prison and three years supervised release for the following conduct: "According to court filings, for more than 20 years [ ] assumed hundreds of false identities, many from deceased children,…
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The Emails – DeLay
The Washington Post has an AP story here reporting that prosecutors have emails that demonstrate knowledge on the part of DeLay’s office regarding the financing of the controversial golf trip. (see here). reading this story one may frown at the accounting practices being used here. (esp)
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Options Timing Probe Turns Criminal, So Will the Privilege Waivers Start Flowing?
The probe into whether corporate executives backdated documents to permit stock options grants to have a lower exercise (or strike) price, thus increasing the value of the options for them, has now turned criminal with the disclosure by Comverse Technology, Inc. that it has received a federal grand jury subpoena. The company’s CEO, CFO, and…
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Here Comes an Ostrich (Instruction)
With former Enron CEO Ken Lay having completed eight days of testimony, the Enron conspiracy prosecution is winding down and the case may go to the jury in less than two weeks. It is unlikely, however, that the jury will return a verdict before we can break out our white shoes and straw hats with…
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KPMG Defendants Receive Support
The KPMG defendants who are set for a hearing on May 8th (see here) received support from amici who filed a brief that demonstrates that many have concerns about how the Thompson Memo is being implemented. The amicus brief is filed on behalf of the Securities Industry Association, The Association of Corporate Counsel, The Bond…
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Afternoon Session at NACDL Conference
Yesterday morning also had a wonderful presentation by Peter Goldberger who spoke about mail and wire fraud. The materials (a joint effort of myself and Peter G) can be obtained from NACDL. (esp) In the afternoon Stephanie Martz, who serves as the NACDL White Collar Crime Director was kind enough to guest blog for us …
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Another Two Charges Against Ralph Sampson
Former NBA star Ralph Sampson seems to be attracting federal indictments these days as prosecutors added two more charges against him arising out of an earlier prosecution for failure to pay child support. As discussed in an earlier post (here), Sampson was indicted in January 2006 on perjury and false claim charges for filing a…
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Judge Sirica Visits NACDL Conference
Third Circuit Chief Judge Anthony Sirica made a brief appearance at the NACDL conference saying – "I never liked the mandatory nature of the guidelines…..Blakely and Booker have restored some of the balance." He reminded the audience that the defense voice is important. He used Crawford as a second example of the Supreme Court being…
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