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Noe Faces A State Indictment
Is it my imagination, or does it seem lately that there are more instances of state prosecutors bringing corruption related charges (e.g. Tom DeLay)? This is particularly noteworthy as state prosecutors often do not have something comparable to the Petite Policy, an internal DOJ policy that advises against proceeding federally when the state has already…
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“Wheelchair Scam”
Fraud Update here includes a link to a press release of the U.S. Attorney for the Southern District of Texas. The accused was sentenced to 63 months in federal prison after pleading guilty to one count of conspiracy and one count of health care fraud. He was accused of operating a "wheelchair scam" that "caused…
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Contractor Fraud – Civil Not Criminal Case
The Washington Post reports here of a civil false claims trial that began with two whistleblowers on one side and military contractors who were supplying services in Iraq on the other side.The government had the opportunity to intervene, but did not. Why it failed to enter into a case involving these whistleblowers is unknown. …
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Enron: Let the Witness Go
As the Skilling/Lay trial continues, it is obvious that the defense is having to contend with presenting technical items to the jury. Mark Koenig, "Enron’s former investor relations chief," has now been subject to direct, cross, redirect, and tomorrow re-cross. (see CNN Reuters here). Tapes have been played to the jury, and how much the…
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What A White Collar Conviction Means
By far one of the greatest punishments for a white collar offender is the shame felt in being convicted. For those in political office or in a position of power, a conviction means they are unlikely to return to that position (exception- Martha Stewart). AP reports here in the Washington Post that Former Gov. John…
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Lay-Skilling Trial – A New Week
Houston Chronicle reports here how Attorney Petrocelli, counsel for Jeffrey Skilling, has been using the term "contract" to replace the term "plea agreement." Much of the key forthcoming testimony in the trial will be from government witnesses who have entered into deals in order to avoid long jail terms. The deals obviously require their cooperation,…
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Will Ryan Testify?
An important decision in white collar cases, as well as many other cases, is whether the accused will take the witness stand. Much of the decision is not premised upon what the accused might say in support of his or her position in direct examination, but rather will the individual, and the story they present,…
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In the Words of Abramoff
Former Lobbyist Jack Abramoff has likely been talking – – in keeping with his plea deal – – as now we know for certain that prosecutors intend to use some of his emails in their case against David Safavian, former GSA chief of staff. Safavian is charged with obstruction of justice (see here). According to…
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Betting on the Outcome of the Enron Trial
In a sure sign the the Enron conspiracy trial is a major event in American legal history, or that internet entrepreneurs will stop at nothing to create a gambling opportunity (although probably not with Rick Tocchet’s former operation), there are at least two places on which one can place a bet on the outcome of…
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The Strange Assertion of Fitzgerald Regarding Libby’s Grand Jury Testimony
A National Journal story (here) has sparked widespread interest in its report on a letter sent by Special Counsel Patrick Fitzgerald to the lawyers for I. Lewis Libby that states, "Mr. Libby testified in the grand jury that he had contact with reporters in which he disclosed the content of the National Intelligence Estimate ("NIE")…
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