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“‘We the people’ are the boiling frog, and the water has started to boil.”
by: Solomon L. Wisenberg The wonderful John Wesley Hall concisely explains, at Welcome to the Fourth Amendment.com, the decades-long erosion of our Fourth Amednment rights, at the hands of the Supreme Court and a succession of do-nothing Congresses. No surprises here, as Hall laments: "What is Congress doing? Essentially nothing. Proposing a law with great fanfare
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Sideshow: DC District Court Staff’s Failure to Unseal the James Rosen Affidavit
by: Solomon L. Wisenberg FBI Special Agent Reginald Reyes' affidavit supporting DOJ's search warrant application for Fox News Reporter James Rosen's Google email account was ordered unsealed in November 2011. But it wasn't actually unsealed by the DC U.S. District Court's staff until late May of 2013. In other words, the affidavit was only unsealed several
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The Holder Mess
by: Solomon L. Wisenberg “Well, I would say this. With regard to potential prosecution of the press for the disclosure of material, that is not something that I have ever been involved in, heard of, or would think would be a wise policy.” Attorney General Eric Holder testifying under oath before the House Judiciary Committee on
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AUSA Bill Baumann (1950-2013)
by: Solomon L. Wisenberg Federal prosecutors come and go. Some are good. Some are bad. One of the really good ones died this week. Bill Baumann joined the U.S. Attorney's Office for the Western District of Texas in 1989–the same year I did. He stayed on until Tuesday, May 28, 2013, when he passed away after
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Did Lois Lerner Waive the Fifth?
by: Lawrence S. Goldman Most witnesses with potential criminal exposure who are called to testify before Congressional hearings take the stand, with their lawyers behind them, and repeat the incantation "I respectfully decline to answer the question based on my Fifth Amendment privilege against self-incrimination," or some variation. Occasionally, a witness insists on testifying in spite
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NACDL White Collar Crime Conference
NACDL's 3rd Annual West Coast White Collar Conference, titled “Turning the Tables on the Government will be held at the Hyatt Regency Lake Tahoe Resort on June 6-7, 2013. (esp)
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Discretion At It’s Worst – IRS Targeting
The Treasury Inspector General for Tax Administration Office of Audit report and its highlights tell the story of how "Early in Calendar Year 2010, the IRS began using inappropriate criteria to identify organizations applying for tax-exempt status to review for indications of significant political campaign intervention." This Report issued on May 14, 2013 has been the source
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Upcoming Conferences
New York City Bar – Second Annual White Collar Crime Institute – here ABA Securities Fraud 2013, Oct. 24-25, New Orleans – here Georgia's Institute of Continuing Legal Education (ICLE) – International Business Crimes: Foreign Corrupt Practgices Act (FCPA), Criminal Antitrust and Export Controls, June 6 – Download Program Brochure AALS Midyear Conference on Criminal
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In the News & Around the Blogosphere
DOJ Press Release, Parker Drilling Company Resolves FCPA Investigation and Agrees to Pay $11.76 Million Penalty; Corporate Crime Reporter, Parker Drilling Gets FCPA Prosecution Deferred, to Pay $11.76 Million DOJ Press Release, Former Investment Banker and His Associate Plead Guilty in San Francisco to Insider Trading Scheme Phil Willon, LATimes, Charges filed in San Bernardino
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Brady Violation Leads to Arrest of Former Texas Prosecutor
by: Lawrence S. Goldman Prosecutors who have committed Brady violations, even those which have been later demonstrated to have resulted in wrongful convictions and lengthy terms of imprisonment for persons later proven innocent, are rarely prosecuted. Courts tend to find Brady violations inconsequential, prosecutor's offices generally defend or at the least refuse to acknowledge them, disciplinary
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