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Alice Fisher Named as DOJ Criminal Division Head in Recess Appointment
AP reports here that President Bush has named Alice S. Fisher as head of the Criminal Division. What is amazing here is not his appointment, as the nomination has been pending for some time (see post here) , but rather that he decided to bypass Congressional approval. The nomination had been blocked by a Senator…
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The Passing of Chief Justice Rehnquist
Chief Justice Williams H. Rehnquist died Saturday evening. (See Linda Greenhouse’s story in the New York Times here and the obituary she authored here). His opinions in the white collar area included some of the following: The majority opinion in Neder v. United States, 527 U.S. 1 (1999), a case holding that materiality was a…
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The Lowest of Schemes
As predicted here fraudulent schemes are arising from the Katrina tragedy. Cathy Cox, Secretary of State for the State of Georgia, notes here that people should "be wary of phony hurricane relief emails and web sites that have popped up in several states this week." Her press release states that: "[t]he FTC has received multiple…
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Dole Continues to Support Judith Miller
It has been surprisingly quiet lately with respect to the jailing of New York Times reporter Judith Miller for her failure to reveal confidential sources, sources which by the way she never used in an article. Today’s New York Times, however, reminds us of her incarceration, with a story describing Bob Dole’s support of this…
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CATO Institute Program
An upcoming Cato Institute Program includes a session on overcriminalization, a hot topic in white collar crime. The details of this program can be found here. The Cato Institute’s Center for Constitutional Studies presents a symposium The Supreme Court: Past and PrologueA look at the October 2004 and October 2005 Terms to celebrateConstitution Day and…
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MIlitary Escorts
In a DOJ post here, it tells of several former and current members of the military and law enforcement who were acting as military escorts to drug traffickers. What they failed to realize was that the delivery of the drugs was going to federal agents. Operation Lively Green initially had 17 defendants who plead guilty,…
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Government Will Not Prosecute MCI
MCI can breath a sigh of relief with the announcement by U.S. Attorney David Kelley of the Southern District of New York that the company will not be prosecuted for the accounting fraud that led to its collapse into bankruptcy in 2002. The U.S. Attorney’s Office noted that all of the employees with any involvement…
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Chris Webber Pays $100,000 Fine
Former University of Michigan and NBA basketball star Chris Webber completed the punishment for his criminal contempt by paying a $100,000 fine, in addition to the 300 hours of community service he did over the past two summers. Webber was indicted in 2002 on perjury charges for lying to a grand jury about receiving funds…
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Give/Get Assist to Lawyers Who Are Katrina Victims
Lawyers in Louisiana need assistance as a result of the devastation caused by Katrina. Sources inform us that 1/3 of the Louisiana lawyers have lost their offices. The National Association of Criminal Defense Lawyers (NACDL) has instituted a help needed/help available bulletin board for people to provide shelter, office space, supplies, case supervision, etc. to…
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District Court Dismisses SEC Suit Against Siebel Systems for Violating Regulation FD
Judge George Daniels of the U.S. District Court for the Southern District of New York dismissed the SEC’s law suit accusing Siebel Systems, Inc. of violating the fair disclosure rules (Regulation FD) for failure to state a claim (opinion here). The Commission accused the company of making selective disclosure to participants at an industry conference…