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Gupta Conviction Affirmed by Second Circuit
The Second Circuit Court of Appeals affirmed Rajat Gupta's convictions for securities fraud and conspiracy to commit securities fraud. (See here). The decision should be a hit for future evidence casebooks as it provides detailed analysis of a host of different evidence rules – Rules 403, 801, 802, 803, and 804. But what the decision summarily denies
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Keker and Little Receive White Collar Criminal Defense Award at NACDL White Collar Criminal Defense College at Stetson
On Saturday, March 22, the National Association of Criminal Defense Lawyers presented both John Keker and Jan Nielsen Little with the 2014 White Collar Criminal Defense Award at Stetson University College of Law in Gulfport, Fla. Keker and Little received their awards during NACDL’s White Collar Criminal Defense College at Stetson. The White Collar Criminal
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Dewey & LeBoeuf Indictment is Announced
The big news on the white-collar crime front in New York last week was the long-expected indictment of persons involved in the defuct law firm of Dewey & LeBoeuf. Charged were its chairman, executive director and chief financial officer, as well as a low-level client relations manager. Seven not-yet-identified others have pleaded guilty. Only two
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Unwarranted Sentencing Disparities Among Defendants With Similar Records Who Have Been Found Guilty Of Similar Conduct
Juan Prado was a mildly corrupt Chicago cop who pled guilty to taking bribes from tow truck operators in order to funnel business their way. At sentencing he argued for a downward variance based on several factors, including the downward variance received by James Wodnicki, an allegedly similarly situated Chicago cop who was sentenced in a related
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Denied Three Times (by Moses–not Peter) While Trying to Make a Record
This isn't exactly a white collar case, but America is our beat. Few things are more frustrating to a competent criminal defense attorney than a judge who won't allow her to make an adequate record. This problem seems to be getting worse in the federal system. What a nice surprise then that the Fifth Circuit, through Judge Ed Prado, is not having any of it. In
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Cotton Comes To Foley Square
In United States v. Rubin, appellant maintained that his conviction for conspiracy to violate the Unlawful Internet Gambling Enforcement Act of 2006 ("UIGEA") was invalid, despite his unconditional guilty plea, because the indictment against him alleged conduct exempt from prosecution under UIGEA, and therefore deprived the district court of subject matter jurisdiction. Defendants who voluntarily plead guilty generally
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Why Didn’t Martoma Cooperate? And Is It Too Late?
To the surprise of nobody I know, Mathew Martoma, the former SAC Capital portfolio manager, was convicted of insider trading last Thursday by a Southern District of New York jury. The evidence at trial was very strong. It demonstrated that Martoma had befriended two doctors advising two drug companies on the trial of an experimental
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Supreme Court Narrowly Defines Term “Result From”
The degree of causation necessary to impose legal blame is an interesting philosophical, policy and, of course, legal issue. It is an issue that probably arises more often in tort than criminal cases, but is nonetheless important in criminal law in several areas, including sentencing considerations. In Burrage v. United States, ___ U.S. ___ (12-7515,
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Interesting BOP Statistics
The statistics section of the website of the federal Bureau of Prisons (http://www.bop.gov/about/statistics/) has some interesting statistics. Some of the more interesting are: 1. The median (50% of the population) age of federal prisoners is between 36-40 years. 2. The median sentence is between 5 and 10 years; 13% of the sentences are 20 years
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Symposium – Taking Stock of Citizens United: How the Law Has (Has Not) Changed Four Years Later
Friday, February 28, 2014 – A Symposium at Stetson University College of Law Co-Sponsored by Stetson Law Review, Corporate Reform Coalition and American Constitution Society Gulfport, Florida Information here. (esp)
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