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JP and the Enforcers
Here is the latest on the possible civil settlement between DOJ and JPMorgan Chase, by Ben Protess and Jessica Silver-Greenberg in the NYT. (wisenberg)
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Sauce For The Goose: Seventh Circuit Affirms Upward Variance In Embezzlement Case
Last Friday, in United States v. Brown, the Seventh Circuit upheld an upward variance from the calculated U.S. Sentencing Guidelines range of 21-27 months to 60 months. Appellant, the office manager, bookkeeper, and accountant for a small family business, embezzled several hundred thousand dollars over a twenty year period. "Before imposing sentence the district court
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Federal Trial Courts Can Require Sworn Allocutions
In what appears to be a case of nationwide first impression, the Third Circuit ruled today that federal district courts may require a defendant's sentencing allocution to be sworn, without violating Federal Rule of Criminal Procedure 32 or the U.S. Constitution. The textual Rule 32 discussion seems particularly weak as the rule itself nowhere requires
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Second Circuit Clarifies Criminal Forfeiture Law
On Friday, the Second Circuit held that 18 U.S.C. Section 982(a)(2) requires forfeiture of the gross receipts of a criminal violation, rather than the mere profits. The case is United States v. Peters. (wisenberg)
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Defense Should Be Careful About Statute Of Limitations Waivers
The statute of limitations, I used to think, was designed to allow a wrongdoer who is not arrested for a period of years to have a certain sense of repose to be able to go on with his life without fear of arrest for that wrongdoing. Recent legislative and prosecutorial activity in extending statutes of
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In the News & Around the Blogosphere
Jim Galloway, AJC, State Sen. Don Balfour indicted on 16 counts Andy Vuong, Denver Post, Former Qwest CEO Joe Nacchio in post-prison interview: “I trust Spoonie and Juice with my back.” Ciara Torres-Spelliscy, Brennan Center Blog, Scandal Built for Two Daniel Beekman, NYDaily News, Giant screw Bernie Madoff kept in office won't be shown in
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Upcoming Conferences
NACDL's 9th Annual Conference – Defending the White Collar Case: In and Out of Court, Oct. 24-25, Washington, D.C. – here ABA 2013 International White Collar Crime Conference, London, October 7-8 – here (esp)
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A Stacked Deck? The SEC’s Administrative Route
The New York Times' Gretchen Morgenson should be declared a national treasure. She continues to write about the financial crisis, and legal and regulatory issues related to the crisis, at a level far above most of her contemporaries. In today's New York Times she explains the administrative law process through which the SEC brings many
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Does Government Have Cooperating Employee in J.P. Morgan Probe?
This story just in from the Wall Street Journal (subscription required). (wisenberg)
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Beanie Babies – A New Issue?
Many years ago I authored an article titled, "Do We Need a 'Beanie Baby' Fraud Statute?" The Article considered how specific a statute needs to be to provide proper due process to a criminal defendant. It focused on the breadth of the mail fraud statute, while also recommending that criminal statutes cannot be created for every unique
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