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Bond on Appeal Didn’t Last for Former Westar Exec.
According to the Kansas City Business Journal here, Westar Executive David Wittig has lost his right to remain free pending his appeal. Convicted for bank fraud (see post here), Wittig was sentenced to 51 months in jail. A court, however, found that he violated the terms of his release "by making numerous financial transactions with…
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Tokyo Investigation
Investigation into alleged white collar criminal activity is not unique to the United States. According to the Wall Street Journal here, Tokyo prosecutors "raided" the Livedoor Co. in a securities investigation. The Journal noted that the President of this company is a blogger. One has to wonder if some of the material from his blogs…
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The Collateral Consequences of the Abramoff Plea
More collateral consequences are being reported to the Abramoff Plea. The Washington Post reports here on the political difficulties faced by Ralph Reed, a candidate for lieutenant governor in Georgia. Also reported in the Washington Post, here, "Rep. Robert W. Ney (R-Ohio) announced yesterday he would temporarily relinquish his chairmanship of the House Administration Committee."…
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Grand Jury Abuse by Prosecutors
Grand Jury Abuse has been the subject of much concern. (See Commission Report to Reform the Grand Jury Process here). So it is not surprising to see this issue arising in the white collar case against Lynchburg Mayor Carl Hutcherson, who faces charges of "mail fraud, Social Security fraud, lying to federal officials and obstruction…
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Technology Challenges Law Enforcement
Technology clearly challenges law enforcement’s investigations. For example, identity is a key issue in determining who committed a computer crime. Tracing the source of the keystroke is not easy. The Wall Street Journal reports here of law enforcement’s latest challenge – the use of prepaid cellphones in conducting schemes involving stocks. (esp)
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Former Mayor Bill Campbell’s Trial Starts Tuesday
The trial of former Mayor Bill Campbell starts this Tuesday with jury selection. Charges against him include racketeering. (see post) Attorney Jerry Froelich, one of Campbells’ counsel, spoke this past Saturday at a conference of the Georgia Association of Criminal Defense Lawyers (GACDL) Conference on the topic of "Preparing for a Federal Criminal Trial." …
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Not Much Has Changed In Sentencing
According to a Forbes Magazine article here, not much has changed in sentencing despite Booker’s allowing court’s more sentencing discretion. (See also Professor Doug Berman’s Sentencing Blog here). This is not a surprising discovery, as the sentencing culture is ingrained in so many on the judiciary today that there is little likelihood of there being…
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Neither Pornography Nor Naughty Words at the Enron Conspiracy Trial
With the Enron conspiracy trial of former CEOs Ken Lay and Jeffrey Skilling set to begin on Jan. 30, U.S. District Judge Sim Lake is digging through the motions related to the conduct of trial. While a bit disappointing to those of us with our minds in the gutter, Judge Lake rejected requests by the…
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Using High Tech to Combat Crop Insurance Fraud
An AP story (here) discusses the increasing use of satellite photographs of farms to investigate and prosecute crop insurance fraud schemes. The satellite images can show the acreage planted, type of crops grown, and irrigation patterns that can show whether the crops were actually damaged by an event, such as a storm or drought, that…
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Coordinated SEC and Criminal Investigations Result in Dismissal of Securities Fraud Indictment
A decision issued by the United States District Court for the District of Oregon on Jan. 9 dismissing securities fraud charges against three defendants for due process violations in the civil investigation is notable because it looks to be part of a growing trend to scrutinize how the SEC and U.S. Attorney’s Offices coordinate their…
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