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Second Circuit Denies Fifth Amendment Protection for Required Foreign Bank Account Records
One of the increasing incursions into constitutional rights in the white-collar area is the expansion of the "required records" exception to the Fifth Amendment privilege against self-incrimination. In general, that doctrine provides that an individual or entity required by law to maintain for regulatory purposes certain records has no Fifth Amendment right to refuse to
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Our Political DOJ
I have no particular sympathy for Governor Chris Christie in his current political travails. But the notion that he or his aides committed a federal crime is ludicrous, and the New Jersey U.S. Attorney's rash public announcement of a criminal investigation is a shameful example of DOJ's continuing politicization. Oh, I know, everyone commits a
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Is Conditional Compensation “Money or Property” for Mail Fraud?
This interesting question is raised in a recent filing of a Petition for Cert in the U.S. Supreme Court – Stinn v. United States. The case emanates from the Second Circuit and presents a jurisdictional split on whether employee compensation should be allowed as "money or property." Petitioner raises the following two questions: 1.
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In the News & Around the Blogosphere
Corporate Crime Reporter, Brandon Garrett Talks Corporate Crime Scott Cohn, USA Today, CEO in cuffs? 2014 Wall Street crime predictions Ed BAllard, Marketwatch WSJ, U.K. corruption probe begins at Rolls-Royce Benjamin Weiser, Judge Orders Release of Dying Lawyer Convicted of Aiding Terrorism Alan Farnham, ABC News, Dennis Kozlowski's Life After Prison DOJ Press Release, Abbott
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Judge Rakoff Wades In
In the current New York Review of Books, Judge Jed Rakoff presents the most thoughtful, balanced analysis I have seen to date regarding DOJ's failure to prosecute high-level executives at elite financial institutions in connection with the recent financial crisis. Appropriately entitled, The Financial Crisis: Why Have No High Level Executives Been Prosecuted?, Judge Rakoff
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Judge Kozinski’s Dissent Scolds The Ninth Circuit’s Majority On Brady/Giglio
What a marvelous dissent by Chief Judge Alex Kozinski, joined by judges Pregerson, Reinhardt, Thomas, and Watford, in United States v. Olsen. He dissented from the Ninth Circuit's refusal to rehear en banc the panel decision which excused an appalling example of Brady/Giglio error as immaterial. As Judge Kozinski so eloquently put it: "There is an epidemic of Brady
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Second Circuit Reverses Convictions, Rejecting Government’s Expansive “Continuing Conspiracy” Theory
Guest Blog by - Sara Kropf, Law Offices of Sara Kropf; Grand Jury Target Blog The Second Circuit recently reversed the convictions of three defendants convicted in a municipal bond bid-rigging scheme, rejecting the government’s attempt to rely on an attenuated theory of continuing conspiracy. The three defendants were immediately released from prison and the
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DOJ Transparency in Deferred Prosecution Agreements
Check out Mike Scarcella's BLT Blog item, Justice Dept. Sued Over Access to Non-Prosecution Agreement. It is hard to believe that someone would have to file a lawsuit to obtain information about a non-prosecution agreement of a corporation. One can understand the need to protect individuals from the sting of criminality when an agreement is
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In the News & Around the Blogosphere
Sara Randazzo, AM Law Daily, Former Dewey Leader Hires Criminal Defense Lawyer Charles Huckabee, The Chronicle of Higher Education, Prosecutors List Statements by Graham Spanier That They Say Are Lies Reuters, Senior Chinese official sacked in corruption probe Suzi Ring, Bloomberg, FX to Libor Probes Leave U.K. Traders Looking for Lawyers (esp)
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NACDL White Collar Criminal Defense College at Stetson
NACDL White Collar Criminal Defense College at Stetson – March 19 – 22, 2014 The NACDL White Collar Criminal Defense College at Stetson is a “boot-camp” program for practitioners wishing to gain key advocacy skills and learn substantive white collar law. The program will cover client retention, investigation in a white collar case, handling searches
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