Blog

  • AIG – First the Subpoenas and then the Guilty Pleas

    As reported here,  AIG received subpoenas on 2-9-05 from the Office of the Attorney General of New York (Spitzer) and the SEC. (see Newsday for further information here) And as so often is the case following the issuance of subpoenas, plea agreements follower shortly thereafter.  In a press release by Attorney General Spitzer, it is

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  • AIG Subpoenaed

    This was probably not the valentine’s gift that those associated with American International Group Inc. (AIG) were hoping to receive –  a notice informing them of subpoenas from the Office of the Attorney General of New York (Spitzer) and the SEC.  AIG issued a news release on 2-14 stating: "Subsequent to the earnings conference call

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  • Ebbers Trial On Hold

    Jurist reports that the Ebbers trial has been placed on hold. (see also AP) without explanation. The government completed the direct examination of Scott Sullivan and the cross examination is set to resume on Wed.  (esp)

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  • The W.R. Grace Indictment

    On February 8th we reported in a post the indictment of W.R. Grace and seven executives from the company.  W.R. Grace, on their website, has a statement responding to this indictment here. A close examination of this indictment raises some interesting questions. The charges themselves are not unique to white collar prosecutions as one finds

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  • News Across the Country

    A stock analyst is Wyoming pled guilty to extortion for threatening to damage the reputation of a company.   (See here).  Initially the charges were wire fraud, securities fraud, and other extortion charges. Flu season my prove to be  tough one this year, at least for Chiron Corp.  See the LA Times article on the company

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  • National Association of Criminal Defense Lawyers Passes Sentencing Resolution

    At National Association of Criminal Defense Lawyers (NACDL) MidWinter Board meeting, held in New Orleans, the Board of Directors passed the following resolution presented by Carman Hernandez:                                                        RESOLUTION RESOLVED, that, in light of the United States

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  • Measuring Departures in a post-Booker World

    Counting the number of sentencing departures is not a proper method for computing sentencing changes resulting from the Booker decision. Just using numbers to compute the difference between a pre and post-Booker world does not tell the full story. This is especially true for white collar cases. Departures from a guideline sentence may be more

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  • What’s The Latest in White Collar Sentences

    If you are concerned that white collar offenders will not be receiving jail time because of the Supreme Court’s ruling in Booker, check out these two recent press releases of the DOJ: A DOJ press release  (2-10-05) reports "that a West Virginia man has been sentenced to 66 months in federal prison for a scheme

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  • Sentencing- Little Change, but Maybe More Change is Needed

    The arguments, the fears, and the concerns post-Booker have been focused on whether judges will be handing out sentences below the sentencing guidelines.  As noted here DAG Comey’s memo used language calling it "difficult times." In truth, however, the early returns show inconsequential change. As usual, Professor Doug Berman, is always on top of the

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  • Senate Report on Abusive Tax Shelters

    The Senate Permanent Subcommittee on Investigations issued a lengthy report on abusive tax shelters, which have been the focus of both Congressional and IRS investigations the past few years.  A Subcommittee press release states that its report ("The Role of Professional Firms in the U.S. Tax Shelter Industry") highlights problems in the creation and sale

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