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Second Circuit Reverses Convictions Due to Prosecutorial Misconduct and Exclusion of Good-Faith Evidence
The Second Circuit Court of Appeals, which issues complete reversals in only about five percent of the criminal cases it hears, last week in an opinion by Judge Jed S. Rakoff (sitting by designation) reversed the trial conviction of two individuals and a corporation for environmental crimes involving asbestos removal, and ordered a new trial.
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Credit Suisse Conviction Does Not Demonstrate Substantial Change In Department Of Justice Enforcement
The Department of Justice (DOJ) and Attorney General Eric Holder were strutting last week over the criminal conviction by plea of guilty of Credit Suisse, a major financial institution. "This case shows that no financial institution, no matter its size or global reach, is above the law," declared the Attorney General. Recent prosecutions of major
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In the News & Around the Blogosphere
DOJ Press Release, Assistant Attorney General Kathryn Keneally of the Justice Department’s Tax Division Announced Her Departure from the Department Today, Effective as of June 5, 2014 Former SEC Litigation Counsel, Alan Lieberman, Returns to Blank Rome Tim Tucker, AJC, Jury finds Jim Donnan not guilty on all counts (he was represented by Ed Tolley &
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DOJ Announces Policy Favoring Electronic Recording of Statements
The Department of Justice (DOJ) on May 12, 2014 issued a memorandum creating "a presumption" that the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), Bureau of Alcohol, Firearms, Tobacco and Explosives (AFT) and United States Marshals Service (USMS) electronically record, if possible videotape, post-arrest statements made by individuals in their custody in a
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Former Wellcare Individuals Sentenced
The sentencing of three former Wellcare individuals demonstrates the importance of having the guidelines as advisory, and the importance of an independent judicary that can recognize that sentences should be about individuals and not about arithmetic. (see here) Hats off to Hon. James S. Moody for being a judge that went beyond the math in sentencing the individuals and for his recognition that the
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In the News & Around the Blogosphere
Blank Rome hires Carlos Ortiz as a partner in the White Collar Defense and Investigations Group- here Scott Neuman, NPR, Congress Holds Former IRS Official Lois Lerner In Contempt Tony Mauro, NLJ, U.S. gives up a widely decried charging theory Todd Ruger, Legal Times, Leslie Caldwell Confirmed to Lead DOJ Criminal Division (esp)
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White Collar Sentencing is Not All About Loss
An amici brief was filed by a group of law professors and practitioners in support of three defendants in United States v. Farha. It's unusual to see amici coming in at the trial level, but this esteemed group offers some important reasons for allowing this brief. They note "that this case highlights a serious problem facing
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Corporate Criminal Liability: Recent and Noteworthy
Josh Greenberg and Ellen Brotman have written a timely and informative article entitled Strict Vicarious Liability for Corporations and Corporate Executives-Stretching the Boundaries of Criminalization for Volume 51 of the American Journal of Criminal Law. The article, and related pieces on criminal liability in the corporate context by Mark Filip, Julie O'Sullivan, Barry Pollack and others, can also be found on the Journal's
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The Taslitz Galaxy: A Gathering of Scholars at Howard – Friday, September 19th, 2014
Howard University School of Law is hosting a conference in honor of Andrew Taslitz, who died on February 9, 2014. It is not a traditional symposium, for we expect concurrent sessions on many subjects. It is open to people who knew Taz and to those who were inspired by his writing or teaching. If you
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