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Jury Instructions in Scrushy
Looks like the jury in the Scrushy case is asking the court a question (see Birmingham News here) which appears to relate to a conspiracy count. It is not surprising to see a jury having some difficulty with jury instructions in a white collar case. The instructions in this case are 78 pages in length…
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Plain Error Under Booker Likely Headed to the Supreme Court
Courtesy of Doug Berman, who is enjoying "Revenge of the Sith" this evening, the Solicitor General’s Office submitted a response to a petition for certiorari in Rodriguez v. United States (here) urging the Supreme Court to review the proper application of the plain error rule to Booker sentencing cases in which the defendant is forced…
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Guilty Plea in International Price-Fixing Case
There is a guilty plea for a former executive of Bayer AG, a German company, for his role in an "international conspiracy to fix prices in the rubber chemicals market." A DOJ press release provides explicit details of the conduct alleged and also states that this individual: "was charged with fixing the prices of certain…
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OfficeMax Settles Civil False Claims Case
OfficeMax has settled a civil false claims action for $ 9.8 million. According to a DOJ press release here, the settlement was for: "allegations that it submitted false claims when it sold office supply products manufactured in countries not permitted by the Trade Agreements Act to United States government agencies, the Justice Department announced today.…
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Dupont Receives Subpoena
Dupont reports here that they have in fact received a subpoena from the Environmental Crimes Section of the Environment and Natural Resources Division of the U.S. Department of Justice (DOJ). On their website they state that the subpoena: "relates to perfluorooctanoic acid (PFOA) and its salts, C8, ammonium perfluorooctanoate, and FC-143. The subpoena calls for…
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Scrushy Will Not Be A Quick Verdict
Looks like the jury will not be reaching an immediate verdict in the Scrushy case. According to the Birmingham News here , the jury has asked the court to replay tapes of FBI wired Bill Owens, former HealthSouth finance chief, talking with Scrushy. Although Scrushy proclaims this as a positive sign, I would imagine that…
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Investigating a Possible Computer Crime
When it comes to computer crimes such as theft of computer data, one question that can be presented to prosecutors is – where to charge a computer crime? A second issue likely to arise is – what happens when the accused is not aware that what they were doing was really illegal? The Washington…
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Washington Legal Foundation Program
On Tuesday, May 24, 2005 at 10:00 a.m. EST, Washington Legal Foundation will be holding a Web Seminar entitled "Deferred Prosecution Agreements: Promises and Pitfalls for Businesses Under the Federal Microscope". The program will feature William Mateja, a partner with Fish & Richardson and a former senior Justice Department official, and Michael Sklaire of the…
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John C. Richter, Acting Assistant AG
We reported here that Christopher Wray was leaving the Criminal Division of DOJ. His picture and name have now been removed from the DOJ Criminal Division website, and one finds it replaced with a pictureless John C. Richter, the Acting Assistant Attorney General of the Criminal Division. See here. (esp)
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Scrushy – To The Jury
Scrushy case is off in the hands of the jury. See here. (esp)
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