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7 New Pardons Predominantly White Collar
According to a Department of Justice Press release here President George W. Bush granted seven pardons this week. One of the cases is clearly an alleged street crime (drug related). Of the remaining six, four definitively fit the white collar category and the remaining two lean in that direction. And men seem to be the…
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Jury Deliberation – Kozlowski Trial
This time the jury that is struggling is the Dennis Kozlowski/Mark Swartz jury. According to an AP report in the Atlanta Jrl Constitution, they are asking, "[c]an we deliver a verdict if we are unanimous on some counts and not on others?" (see here). After five days of deliberations, it seems the jury is unable…
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Jury Deliberations in White Collar Cases
White collar cases are complicated for juries. They often involve financial intricacies that may exceed the education level of most jurors. And often the trials are longer than the typical street crime case (The OJ case was not the typical). But what about the jury deliberations? On one hand the jury deliberation in the MIchael…
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29 Counts NG; 4 Mistrial – Spitzer’s Case Against Former Bank of America Broker
The Wall Street Journal reports that a "[f]ormer Bank of America broker [ ] was found not guilty [of 29 counts] on charges of improper mutual-fund trading." Four additional counts the jury deadlocked on, and the judge declared a mistrial on these counts. See more here. (esp)
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Lawyers Who Improperly Take the Client’s Escrow Funds
New York Times has a story titled "When Lawyers Steal the Escrow" that tells the story of a lawyer who has pleaded guilty and is set to be sentenced this week. According to the NYTimes, the Lawyers’ Fund in NY has "so far paid $1.9 million of the estimated $3.6 million to $4.7 million" that…
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The Corporate Compliance Prof Blog
One of the newest members of the Law Professor Blogs network is Professor Paul McGreal’s Corporate Compliance Prof Blog. Paul is the Director of the Corporate Compliance Center, and is the Harry and Helen Hutchens Research Professor and Professor of Law at South Texas College of Law in Houston, TX. The blog should be of…
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That Other Southern Jury v. Scrushy (and HealthSouth Addendum)
While the other southern jury (Senator Charles Walker) is long since over (see here) , the Scrushy case is proceeding leisurely through the week. It looks like they will only be working two days this week. (see AP Birmingham News here). In looking back at the Walker case, a case tried by two of Atlanta’s…
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Wire Fraud Requires Interstate Transmission
18 U.S.C. s 1343 seems clear – – wire fraud requires an interstate transmission. The government, however, recently argued that all you need is an "instrument of an integrated system of interstate commerce." If this approach were taken, would all state phone calls become subject to the wire fraud statute, even if intrastate? A U.S.…
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Plea in Bidrigging/Fraud Case
A press release of the Government here, reports that "[a] former maintenance manager at the General Electric Company’s Waterford, New York plant [ ] pleaded guilty to bid rigging and conspiracy to commit mail fraud in connection with a kickback scheme involving roofing contracts in the Albany, New York area. . ." The government notes…
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Principles of Constitution Project’s Bipartisan Blue-Ribbon Sentencing Initiative Released
Yesterday at the Heritage Foundation, members of the Constitution Project’s Bipartisan Blue-Ribbon Sentencing Initiative, released principles that urge more focus being placed on proportional punishment. Doug Berman’s Sentencing Blog Posts details here. The Preface to the Report states in part: "The Constitution Project’s Sentencing Initiative was established in response to the U.S. Supreme Court’s June…
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