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SEC Issues Policy Guidelines for Subpoenas to the Media
The SEC issued a policy statement (here) setting forth its procedures for issuing a subpoena to the media during a formal investigation. The issue came to the forefront in February when the Commission issued subpoenas to three columnists who publish on-line for information about contacts with short sellers of Overstock.com shares. An allegation commonly made…
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Round Two of the Scrushy Prosecution
The second criminal prosecution of former HealthSouth CEO Richard Scrushy is getting ready to launch, unless he can succeed in having the indictment thrown out because the pool of potential grand jurors did not include a sufficient number of African-Americans. Scrushy was indicted in 2005 along with former Alabama Governor Don Siegelman and two former…
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A Very Strange Election
It is hard to imagine a successful electoral challenge to incumbents in a company town, particularly when the city owns the houses in which the voters live. But that’s what three candidates tried to do in Vernon, California, a small "city" southeast of downtown Los Angeles, and the election has had its share of bizarre…
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Deferred Prosecution Agreements
Some of the deferred prosecution agreements of U.S. Attorney Christopher Christie are making the press (see here). Specifically noted are his agreements with Bristol-Myers Squibb and the University of Medicine and Dentistry of New Jersey. In an article in the New Jersey Law Journal, Lisa Brennanwrites about two provisions in these agreements that have caused…
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Blame Fastow
Jeff Skilling in a second day of testimony denied wrongdoing and blamed Fastow, the individual who was testifying against him in return for a cooperation deal. (see Washington Post here) Skilling and his attorney went through each charge denying that he committed illegal acts. (see Houston Chronicle here). In reading recent articles concerning the Lay/Skilling…
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Texas Lawyer Indicted
With all eyes focused on the Enron trial, it is easy to miss other cases being brought in Texas. Fraud Update links to a press release here of the US Attorney’s Office for the Eastern District of Texas telling of a "lawyer has been indicted for security and wire fraud violations." The press release states…
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Insider Trading Ring Charged with Criminal and Civil Violations
Federal prosecutors and the SEC filed new criminal and civil insider trading charges in a case that grew out of suspicious trading in shares of Reebok in August 2005 right before the announcement of a friendly takeover by Adidas. A short time later, charges were filed against David Pajcin, who worked at Goldman Sachs and…
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It is All Skilling
The white collar crime entries across blogsphere and the press have one thing in common – they are all about Skilling. (See Wall Street Journal here; Houston Chronicle here; New York Times here; Washington Post here; Atlanta Jrl Constitution here) Everyone is describing the testimony, offering commentary and analyzing whether this learned and skillful description…
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Are Ken Lay & Jeff Skilling Assisting the President?
The Lay/Skilling trial is clearly at a peak this coming week with many already in Texas and others heading there to watch the testimony of Jeff Skilling (see Wall Street Journal here). But as all eyes turn to Houston, one has to wonder if we are shifting focus from Washington, D.C. And there are certainly…
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Boeing Problems With Arms Export Control Act
According to the Washington Post (AP) here, Boeing will be paying $15 Million to settle an alleged violation of the Arms Control Export Act. It seems that 19 planes were sold to China with a chip that was prohibited to be sold by the US to China. In addition to the monetary settlement, the company…