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Tom DeLay: Free At Last
This just in. The Texas Court of Criminal Appeals has affirmed 8-1 the lower appellate court ruling vacating Tom DeLay's money laundering conviction. Why was the conviction vacated? DeLay's actions, even if proven, did not constitute the crime of money laundering under Texas law at the time he committed them. Here is the brief KPRC-TV story. Hat Tip to
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Former Execs From Wellcare Move to 11th Circuit
Former Wellcare executives, who were convicted, have filed their briefs in the 11th Circuit and a strong amici brief is accompanying them. One of the key issues comes from an 11th Circuit case United States v. Whiteside, where the court held that a false statement charge can't be premised on a statement that is true under an objectively reasonable
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Departure of Eric Holder – From a White Collar Crime Perspective
Yesterday's announcement that Attorney General Eric Holder will be stepping down from his position makes one think back about all that he accomplished while in office. Many have been critical of his handling of white collar cases, but few have focused on the enormous number and amount of fines given to entities during his term. There has been a growing list
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Appellate Court Reverses Conviction Based on Last-Minute Prosecutorial Provision of Brady Material “Buried” in Mass of Discovery
Two of the many issues relating to prosecutorial disclosure of Brady material are the timing of the disclosure and the identification of the material as exculpatory. Many, perhaps most, prosecutors believe that they have satisfied their ethical and constitutional obligations under Brady by providing the exculpatory material just before trial (or before the witness affected
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Upcoming ABA CJS International White Collar Crime Institute
I wanted to alert readers to the upcoming 3rd Annual American Bar Association Criminal Justice Section White Collar Crime Institute. This one and a half day event will occur in London, UK at the offices of Berwin Leighton Paisner (Adelaide House, London Bridge) from October 13-14, 2014. This has been a wonderful event in past
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Criminalizing the American Company – The Economist
The Economist has an excellent article examining the criminalizing of American companies. The piece, entitled “A Mammoth Guilt Trip,” covers a lot of ground, including many of the most pressing issues in the field of corporate criminal liability today. The article begins by examining some of the incredible financial settlements we’ve seen this year. As
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Wine Fraudster Gets Ten-Year Sentence
Last month Prof. Douglas Berman reported in his indispensable Sentencing Law and Policy blog about a ten-year prison sentence imposed by SDNY judge Richard Berman upon defendant Rudy Kurniawan, who had sold counterfeit wine to the very rich, including billionaire William Koch (one of the less political Koch brothers), and allegedly profited by over $28 million
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Privilege, Corporate Wrongdoing, and the Wal-Mart FCPA Investigation
The New York Times had an interesting article this week by Steven Davidoff Solomon entitled “Keeping Corporate Lawyers Silent Can Shelter Wrongdoing.” The piece centers on the recent decision out of the Delaware Supreme Court in the case of Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW,Del. Supr., No. 614, 2013 (July 23,
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Article About Former Penn State President Raises Issues Concerning Independent Investigative Reports and Role of Corporate Counsel
The New York Times Magazine several weeks ago published a lengthy, largely sympathetic article about Graham Spanier, the former Penn State president (Sokolove, "The Shadow of the Valley"), see here, who is awaiting trial on charges of perjury and other crimes in connection with the Pennsylvania grand jury investigation of his alleged complicity or nonfeasance concerning the actions
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Memo to Rick Perry: Curb Your Inner Bully
My favorite statement so far on the Rick Perry indictment comes from Senator Ted Cruz: "Unfortunately there has been a sad history of the Travis County District Atttorney's Office engaging in politically-motivated prosecutions, and this latest indictment of the governor is extremely questionable." The second part of the statement is yet to be proved. The
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