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Attorney-Client Privilege Issue and KPMG
One controversial area between defense attorneys and the DOJ has been the attorney-client privilege issue. It has been a subject of resolutions of the ABA and the NACDL. (see posts here and here). One aspect of concern has been the government’s requirement that the corporation or company waive the privilege in cases where there is…
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KPMG will pay 456 Million, Is it An Odd Number?
How did the DOJ and KPMG come to the number of 456 million? Although it may seem like an odd number, the source of this amount is specifically laid out in the agreement. (see here) 1. "a fine consisting of disgorgement of 128,000,000 of fees received by KPMG from the activities described in the Statement…
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Pardons: A New Dimension
It makes it somewhat difficult for a state attorney general to continue an investigation when the governor pardons individuals called to testify before the grand jury. According to the New York Times (AP) here "Gov. Ernie Fletcher [of Kentucky] granted a blanket pardon on Monday night to current and former aides charged in the inquiry." …
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Jack Abramoff Pleads Not Guilty
The Washington Post reports here that Jack Abramoff, former lobbyist, pleaded not guilty yesterday. He is represented by Neal Sonnett, a past president of the National Association of Criminal Defense Lawyers. The indictment and details of the wire fraud and conspiracy to commit mail and wire fraud charges against Abramoff can be found here. (esp)
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Spitzer Takes on Cancer Fraud
Attorney General Eliot Spitzer’s office secured guilty pleas from six individuals in a case involving counterfeit LiveSTRONG bracelets of the Lance Armstrong Foundation. LIVESTRONG is a foundation with a "mission [ ] to inspire and empower people with cancer to live strong." A press release of Spitzer’s office states that an: "illegal enterprise that imported…
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The Thin Line Between Tax Planning and Tax Fraud: The KPMG Individual Conspiracy Indictment (U.S. v. Stein et al.)
The indictment of nine individuals for conspiracy to defraud the IRS is available from Findlaw here. It is a single-count indictment, although it covers both the tax shelters and an allegation of obstruction of the IRS and Senate investigation of KPMG in 2003. The nine defendants are: Jeffrey Stein, former vice chairman of tax services…
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Nine Indicted for Conspiracy Related to KPMG Tax Shelters
An AP report (here) states that a grand jury in the Southern District of New York indicted nine individuals on a conspiracy charge related to the sale of tax shelters by KPMG. Eight of the defendants are former KPMG partners, including the former deputy chairman of the firm, Jeffrey Stein, and the ninth defendant is…
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Fraud Conviction Nets Attorney 30-Year Prison Term
Chalana McFarland received a 30-year prison term for her role in an extensive mortgage fraud scheme that skimmed $20 million from the sale of over 100 homes from 1999 to 2002. The U.S. Attorney for the Northern District of Georgia (press release here describing the case in greater detail) called it the longest sentenced ever…
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Eleventh Circuit Takes a Swipe at Overbroad SEC Injunctions
The common form of relief sought by the SEC in a securities fraud action is an injunction directing the defendant(s) not to violate the federal securities laws in the future. At one time, this was the most important equitable relief available to the Commission (along with disgorgement), and the civil money penalties and director &…
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When Will the Senate Confirm Alice Fisher to Lead the Criminal Division?
Alice Fisher was nominated as the Assistant Attorney General for the Criminal Division in April and approved by the Senate Judiciary Committee in May, but a hold on her nomination by Michigan Senator Carl Levin has stalled the process. According to a Newsweek article (here) in early August, Levin is seeking additional information, apparently including…
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