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Ohio Corporation Pleads Guilty to Honest Services Fraud
Gear Pump Distributors (USA), a subsidiary of the South African company Dosco GPM Holdings (PTY), Ltd., entered a guilty plea to honest services fraud for enticing an employee of a competitor to share secret pricing information from his company. A press release issued by the U.S. Attorney’s Office for the Northern District of Ohio (here)…
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Sentencing Commission Votes to Remove Attorney-Client Waiver Language
According to a couple of reports received, the US Sentencing Commission voted unanimously today to remove the language regarding attorney-client privilege waivers from the guidelines. Yes, this means the Sentencing Commission has reversed itself on this issue. This is an enormous victory for the many groups that have been lobbying to stop the government from…
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Second Mistrial in Tenet Hospital Prosecution
The second trial of Tenet Healthcare Corp. and the former CEO at its Alvarado Hospital Medical Center ended in another mistrial after the jury deliberated for 60 — yes, sixty — days. The government charges relate to relocation agreements that prosecutors claim were really disguised kickback arrangements to encourage the doctors to refer patients to…
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Monitor Report on New Jersey Med School Identifies Demands for Jobs from Politicians
As part of the deferred prosecution agreement with the Department of Justice, the University of Medicine and Dentistry of New Jersey (UMDNJ) appointed former federal judge Herbert Stern as its outside monitor to investigate corruption and financial fraud at the school. Stern’s first report (here) to the U.S. Attorney’s Office identifies significant problems, ranging from…
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What Do Cynthia McKinney and Tom DeLay Have in Common?
Tom DeLay in an interview with CNN’s Wolf Blitzer here states that "[t]hey’re trying to criminalize politics." He also announced that he will not seek re-election. Finally he says that "[t]here is nothing that connects me to Abramoff or any of the activities that they have. I am not a target of this investigation. I…
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“Non 5K Cooperation”
The Second Circuit Sentencing Blog (Harlan J. Protass) reports here on an important sentencing decision from the Second Circuit. In the case of United States v. Fernandez, Docket No. 05-1596-cr (2d Cir. April 3, 2006), the Second Circuit held that a judge has the "power to reduce … [a] sentence in light of ‘non 5K…
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Some Avoid the Perp Walk
Isn’t it amazing that some have to do the perp walk, and others do not? And isn’t it amazing that the ones doing the perp walk do not have a pre-arranged deal with the government? According to Newsday here, a former business executive at Newsday surrendered to federal officials on charges related to his alleged…
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Is ID Theft Really Lower?
According to a NYTimes (AP) story here, the DOJ is reporting that identity theft has decreased. The Federal Trade Commission seems to have numbers that show a decrease in identity theft from prior years, but an increase number of fraud cases (see here). But if a victim of identity theft, the Federal Trade Commission’s website…
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18 Years for former CEO of Westar
White collar defendants are being sentenced higher than ever before. Just ask Bernie Ebbers, former CEO of WorldCom who was sentenced to 25 years, John Rigas, founder of Adelphia who was sentenced to 15 years; or his son Timothy Rigas, the CFO of Adelphia who was sentenced to 20 years. And we haven’t even mentioned…
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Will Lay & Skilling Testify? And Who Else?
The most talked about question these days is whether Ken Lay and Jeff Skilling will take the witness stand. Obviously as criminal defendants they do not have to present anything. The Wall Street Journal has a chart here that looks at some recent white collar cases, telling whether the accused testified and the outcome in…
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