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Ten Things To Know About The SAC Case
SAC Indictment
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Five Years Later, Almost No Charges
by: Solomon L. Wisenberg Yet another story from NPR, with the obligatory quotes from Bill Black and Neil Barofsky, about DOJ's abject failure to properly investigate and prosecute high-ranking corporate insiders for fraud-related activity in connection with the financial crisis. This is the major criminal justice story, and scandal, of the Obama-Holder Administration. From the standpoint
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Excellent Article Compares Appellate Judges’ Reversal Rates
by: Lawrence S. Goldman Lawyers frequently talk about which judges are pro-defense and pro-prosecution but, perhaps out of fear of upsetting the judiciary, few have made any statistical effort to determine which judges fit where. Richard Levitt, the imaginative Renaissance man of the criminal defense bar, and Peter Schmidt, the dedicated publisher of the illuminating Punch & Jurists
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Sixth Circuit Reverses RICO Vote-Buying Convictions Due To Multiple Evidentiary Errors
by: Solomon L. Wisenberg In a major blow to the government, the U.S. Court of Appeals for the Sixth Circuit has reversed the convictions of each and every defendant in U.S. v. Douglas C. Adams, et al. This was a high-profile RICO public corruption prosecution (premised on an alleged vote-buying scheme) brought by the U.S. Attorney's
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White Eagle: Ninth Circuit Strictly Construes 18 U.S.C. Section 1001 Criminal Liability For Material Omissions
by: Solomon L. Wisenberg In an important decision handed down on July 5th, the Ninth Circuit, following the DC Circuit's lead in United States v. Safavian, 528 F.3d 957 (DC Cir. 2008), held that the federal government cannot sustain a fraudulent concealment conviction under 18 U.S.C. Section 1001 (a) (1), unless "a statute or government regulation
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The Other Side to the Alleged IRS Targeting
Noted here were the initial reports of alleged IRS targeting. The NYTimes tells the other side here. Perhaps this is a good time to appoint an independent non-political individual or entity to look into what really happened here, if anything. (esp)
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Global-Tech? Can’t Get No Respect!
by: Solomon L. Wisenberg Yesterday, in United States v. Goffer, an insider trading/securities fraud criminal appeal, the Second Circuit again refused to alter a standard conscious avoidance jury instruction to comport more fully with the Supreme Court's opinion in Global-Tech Appliances, Inc. v. SEB S.A., 131 S.Ct. 2060, 2068-72 (2011). According to Judge Wesley, Global-Tech was
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Sekhar v. United States: A Pyrrhic Victory?
by: Solomon L. Wisenberg Professor Podgor's concise and outstanding analysis of the Supreme Court's opinion in Sekhar v. United States can be found here. From the majority opinion: "It may well be proper under the Hobbs Act for the Government to charge a person who obtains money by threatening a third party, who obtains funds belonging
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In the News & Around the Blogosphere
Amanda Bronstad, Nat L.J., Report: Bribery Prosecutions Revive Following 2012 Lag Walter Pavlo, Forbes, The High Cost Of Mounting A White-Collar Criminal Defense Covington & Burling, Senior DOJ Criminal Division Official Rejoins Covington (Daniel Suleiman) Steptoe, Former DOJ Deputy Assistant Attorney General Jason Weinstein Joins Steptoe Hunton & Williams, Hunton & Williams LLP Adds Former
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First Circuit Holds That 18 U.S.C. Section 666 Doesn’t Criminalize Gratuities
by: Solomon L. Wisenberg The mark of the beast is fading a little, at least in the First Circuit. Amidst the hubbub of the Supreme Court's Wednesday rulings, the First Circuit quietly decided that 18 U.S.C. Section 666 can't be read to prohibit gratuities. This sets up a circuit split. The opinion in United States v.
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