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Is the KPMG Tax Partner Indictment That Bad?
The Wall Street Journal’s has already come out against the prosecution of eight former KPMG partners and a former law firm partner for their involvement in the creation and sales of questionable tax shelters, and it has published a lengthy op-ed (here) by Stanford law professors Robert Weisberg and David Mills, entitled "A Very Strange…
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Is Libby Wearing the Bullseye?
New York Times report Judith Miller completed her second round of testimony before the grand jury investigating the leak of Valerie Plame’s identity as a CIA operative, and now the focus has shifted to I. Lewis Libby, the Vice-President’s chief of staff (see CNN.Com story here). Miller reportedly testified about a previously undisclosed meeting she…
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An Attack on Attorney’s Fees
A National Law Journal article (available here on Law.Com) discusses a new tactic the government used to keep a company from advancing legal fees to two former officers who were prosecuted for their conduct at the business. In the recent retrial of former Westar Energy executives David Wittig and Douglas Lake, the government obtained a…
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Spitzer Drops Prosecution of Broker for Mutual Fund Late Trading
New York Attorney General Eliot Spitzer announced that his office will not retry former Bank of America broker Theodore Sihpol on the four remaining counts of an indictment charging him with aiding a hedge fund to trade after-hours in mutual funds. Sihpol was found not guilty in June on 29 counts, including a grand larceny…
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BellSouth Lobbyist Enters Plea
The Miami Herald reports here of the plea agreement reached for a BellSouth lobbyist, Eliseo ”Tito” Riera-Gomez . Pleading to a misdemeanor charge of "making an illegal corporate contribution to former Miami-Dade County Mayor Alex Penelas’ U.S. Senate campaign," he faces up to one year in jail. The plea agreement has the government dismissing felony…
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Former CEO of Refco Charged
According to the Wall Street Jrl here, the former CEO of Refco has been charged with securities fraud. The complaint, filed by the United States Attorneys Office for the Southern District of New York, includes the following claim: ". . .there is probable cause to believe that from at least as early as in or…
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DeLay Turning the Tables on the Prosecutor
It looks like Tom DeLay is trying to make the prosecutor who is spearheading his case explain his actions. Previously reported here was a discussion regarding three grand juries investigating DeLay, with one no billing. DeLay’s attorney, Dick DeGuerin filed a Motion to Dismiss the indictment (see post here) and prosecutorial misconduct appears to be…
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Down to the Wire on CIA Leak Case
Prosecutor Patrick Fitzgerald is facing a deadline (NYTImes reports it here as Oct. 28th) of an upcoming end to the grand jury that has been investigating the leak of a CIA agent. Although he can ask to continue, it looks like Fitzgerald is moving things along in the final stages of this investigation. He has…
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The Latest on Fairfax Financial Holdings
Posted here was a denial by Fairfax Financial Holdings that it had received subpoenas from the United States Attorney, with a somewhat contrasting Wall Street Journal article telling of the investigation against the company. (see post here). Now Fairfax is saying otherwise and has issued a clarification here stating: "In response to certain published information…
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Scrushy Lawyers Talk
At the recent NACDL – Georgetown White Collar Crime conference, one of Scrushy’s lawyers, Jim Jenkins, told the crowd the details of the defense in this case. While based in Atlanta, Jim wrote the many memos and motions that were successful in this case. He provided the behind the scenes materials that worked well with…
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