Blog

  • Jury Deliberations in the Ebbers Case Resumes on Monday

    The jury deliberated on Friday in the case of Bernard Ebbers, former Worldcom chief, and will resume their deliberations on Monday.  So far the jury has asked to re-examine some of the evidence.  Their request to re-examine some of he testimony of Scott Sullivan, a key witness in the trial is particularly noteworthy. See more

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  • House Hearing on Steroids May Trigger Fifth Amendment Claims

    The House Government Reform Committee announced that it had issued invitations to seven current and former major league baseball players and four executives, including Commissioner Bud Selig, to appear at a hearing on March 17 on the topic of major league baseball’s new steroid policy.  As described in a Committee news release (here), there will

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  • SEC Chairman Donaldson Admonishes Lawyers to Counsel Clients to Avoid the Outer Limits of the Law

    At the annual conference "The SEC Speaks" at which Commission members and staff discuss the state of securities law, Chairman William Donaldson gave the introductory speech that included some words directed at the lawyers in the audience, who probably accounted for over 90% of the participants.  In his statements (available here), Donaldson stated: I hope

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  • Buy the Sentence, Sell the Release?

    With Martha Stewart’s release from prison yesterday, her company’s stock (Martha Stewart Living Omnimedia [MSO]) took a nearly 10% fall in price, and for the week is down almost $7 per share.  For those keeping score, yesterday’s fall cost Stewart approximately $90 million, although that is not real money in the sense that she could

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  • DOJ and AIG

    On February 14 and 15, AIG issued statements regarding the subpeonas and actions of the SEC and Office of the Attorney General of New York as they related to the company.  The question will be, will they issue a new statement today, or within the next few days, in response to the latest turn of

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  • Delphi CFO Forced Out Over Accounting Problems

    Delphi Corp., a large auto supplier that had once been a part of General Motors, announced that its Chief Financial Officer, Alan S. Dawes, had been forced out over improper accounting at the company (press release here and SEC 8-K filing here).  The SEC launched an investigation of the company in 2004, and the accounting

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  • Martha Stewart is Out of Jail

    Martha Stewart was released from prison and now faces 5 months of home confinement.  Why are so many newspapers making her a  "front-pager" this a.m.? See here (Atlanta Jrl Const.), here (New York Times), here (LA Times), here (USA Today), here (Washington Post).  And even those that didn’t make her a top story had notes

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  • Prosecution Rebuttal in Ebbers Case

    In its final rebuttal to the jury, the prosecution in the trial of Bernard Ebbers focused on restoring the credibility of Scott Sullivan.  See AP here. It is now onto jury instructions and then deliberation. See more in the Wall Street Journal here. (esp)

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  • Another FCPA Settlement Agreement

    Yesterday’s post included a report on a Foreign Corrupt Practices Act (FCPA) settlement (including civil and criminal claims) for Titan Corp.  Today we see yet another FCPA settlement. The Department of Justice issued a press release titled, "Micrus Corporation Enters into Agreement to Resolve Potential Foreign Corrupt Practices Act Liability." The government will not be

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  • Defense Closing in the Ebbers Trial

    As one might suspect, Attorney Reid Weingarten had words to say about the testimony of Scott Sullivan.  In the closing argument for the trial of his client, Bernard Ebbers,  he noted that Sullivan was "more rehearsed in his direct testimony than the actor who plays Hamlet on Broadway."  The case is coming to a close

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