Blog

  • Is the UK Ignoring Foreign Corrupt Practices?

    The Organisation for Economic Co-operation and Development (OECD) issued a very negative report on March 18 (available here) about the efforts made by the United Kingdom to implement the 1997 Convention on Bribery of Foreign Public Officials in International Business Transactions (here).  The Convention, which the U.S. had sought for a number of years to

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  • Keeping It In the Family

    The SEC filed a complaint in the U.S. District Court for the Northern District of California (San Francisco) alleging that Anthony Sudol, a former employee of Cisco Systems Inc., tipped his two brothers (Michael and Richard), about five companies Cisco intended to acquire before the information was publicly disclosed.  The SEC alleges (complaint here) that

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  • AIG and Enron

    Is there any comparison between AIG and Enron.  That seems to be the question these days? Co-blogger Peter Henning raised the issue on March 29th as to whether "AIG was the Next?"  Enron (although he hated to use that term) in a post here.  He stated: "Is AIG going to end up like Enron?  I

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  • How to Get Paid $6.6 Million and Still Serve Time in an FCI

    I wasn’t sure what category to give to this entry, and somehow "fraud" seemed to fit the bill, although when you disclose everything you’re doing that usually vitiates any deception.  The annual 10-K filing for Fog Cutter Capital Group Inc. (here), a publicly-traded REIT (whose shares were delisted by NASDAQ last year), disclosed that the

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  • Alice Fisher to Be New Head of DOJ Criminal Division

    Alice Fisher, a partner at Latham & Watkins and former Deputy AAG to Michael Chertoff when he led the Criminal Division, will be nominated as the new head of the Division.  Chertoff is now Secretary of Homeland Security, and Fisher has been working for him since 1996 in different positions.  According to her law firm

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  • Knowledge of Communication with Federal Official for Obstruction of Jutice

    The Third Circuit issued an opinion in United States v. Guadalupe (here) on the issue of whether must prove the existence or imminency of a federal investigation for a defendant charged with obstruction of justice under 18 U.S.C. Sec. 1512(b)(3) ("corruptly persuading").  The defendant was the deputy warden at a Pennsylvania state prison (Curran Fromhold

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  • Rowland Heads to Prison

    Former Connecticut Governor John Rowland began serving his year-and-a-day prison sentence at the FCI in Loretto, PA. Although U.S. District Judge Peter Dorsey recommended that Rowland be assigned to a prison in Massachusetts, he was sent further away from his home to western Pennsylvania.  Upon his release next year (with good time credits available because

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  • Is Prison Better for Society in the Waksal Case?

    Sam Waksal’s attorneys are trying to obtain an early release for him so that he can continue cancer research.  (See CNN) Waksal received a sentence of seven years and three months.  So far he has served just under two years.  But the question is – does society need him in prison or is there more

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  • Former National Security Advisor to Plead Guilty to a Misdemeanor

    According to several press reports (Fox, Jurist, NYTimes), former National Security Advisor from the Clinton Administration, Sandy Berger, will be pleading guilty to a misdemeanor.  He will be admitting to the removal of documents from the National Archives.  The material pertained to information on terrorist threats.  Initially he stated that "he was reviewing the materials

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  • Kozlowski Trial – Another Day

    It was another prosecution witness yesterday in the trial of Dennis Kozlowski and Mark Swartz.  This time it’s the outside auditor who is refuting evidence that was brought out in the prior trial.   It sounds like the defense may have some questions to ask when it comes time for cross examination.  For example, if the

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