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Second Circuit Reverses Insider Trading Convictions And Sets New Bar For Tippee Criminal Liability
The Second Circuit's decision in United States v. Newman is out. The jury instructions were erroneous and the evidence insufficient. The convictions of Todd Newman and Anthony Chiasso are reversed and their cases have been remanded with instructions to dismiss the indictment with prejudice. Here is the holding in a nutshell: We agree that the jury instruction was erroneous because we conclude that,…
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Five Former Madoff Cronies Face Federal Fraud Sentencing Nightmare
The Wall Street Journal's Christopher Matthews has a decent background story (subscription required) here. The Matthews piece contains the U.S. Probation Office's recommended sentences for three of the five defendants. How did this happen, you say, if such information, and the Presentence Report itself, is confidential? My guess is that the information is contained in the various sentencing memos submitted…
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Transparency International Releases 2014 Corruption Perceptions Index
Transparency International has released their 2014 Corruption Perceptions Index. The Index contains a wealth of information regarding the perceived levels of public sector corruption in 175 countries and territories. Topping this year’s list with the highest score, thus indicating very low perceived levels of public sector corruption, is Denmark, which received a score of 92. …
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The Pleasure Of His Company: Remembering Mike Shaheen
Michael Edmund Shaheen Jr. died seven years ago today. He was the original head of DOJ's Office of Professional Responsibility ("OPR") and served in that capacity under eight Attorneys General. In March 2014, the National Archives preserved his records as a separate collection, because "future OPR counsels were not granted as much latitude as was Mr. Shaheen," making…
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McCrum Survives First Motion to Quash Perry Indictment
Special Prosecutor Mike McCrum has survived an attempt to quash the Rick Perry indictment based on alleged procedural irregularities connected to McCrum's appointment. Courthouse News has the story here. The Order Relating to Authority of Attorney Pro Tem, written by Assigned Judge Bert Richardson, appears to be carefully and thoughtfully crafted. We can expect a similar approach to the more substantive constitutional issues…
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ABA CJS Task Force Releases Proposed Reforms for Federal Sentencing of Economic Crimes
The American Bar Association Criminal Justice Section Task Force on the Reform of Federal Sentencing for Economic Crimes has released its final report. The report contains significant proposed amendments to the existing federal sentencing guidelines for economic offenses. As to the general structure, the proposed guidelines fit on a single page and contain only three…
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3rd Annual ABA CJS International White Collar Crime Institute
Earlier this month, I had the pleasure of once again attending the ABA Criminal Justice Section’s annual International White Collar Crime Institute in London. This year’s event included a host of excellent speakers from around the world addressing some of the most pressing issues in the field. I thought I would take just a few…
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Death of a Gladiator: James LaRossa Dies
James (Jimmy) LaRossa, one of New York City's top criminal defense lawyers, died recently. LaRossa, according to the New York Times obituary, see here, was "'the last of the gladiators' — his characterization of defense lawyers." He was an old-fashioned criminal trial lawyer who tried big case after big case, often with little time for…
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New Sentencing Guidelines in England and Wales for Fraud, Bribery and Money Laundering Offences
In May, the Sentencing Council for England and Wales issued their "Fraud, Bribery and Money Laundering Offences – Definitive Guidelines." The Guidelines apply to "all individual offenders aged 18 and older and to organisations who are sentenced on or after 1 October 2014, regardless of the date of the offence." Bret Campbell, Adam Lurie, Joseph…
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Majority Opinion in Thomas Dale DeLay v. State of Texas
And here it is. DeLay v. State of Texas. To clarify my ealier comments, the majority held that DeLay did not commit or conspire to commit money laundering. He did not launder or conspire to launder criminally derived proceeds, because the facts proved by the State failed to prove a violation of the Texas Election Code. In other…
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