Blog

  • Preparing to Introduce the Tapes at Scrushy’s Trial

    The government set the stage for introducing the audiotapes made by Bill Owens, HealthSouth’s former CFO, who wore a wire for two days immediately before the FBI executed a search warrant at the company as part of its accounting fraud investigation.  The defense has raised questions regarding the  veracity of the tapes and problems regarding

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  • Responding to Booker: Plea Agreement Permits Withdrawal If Judge Sentences Outside the Agreed Sentence Range

    A plea agreement announced by the U.S. Attorney’s Office for the Central District of California (Los Angeles) contains a provision I had not seen in a federal case during the Guidelines era: a stipulated sentencing range that, if not followed by the judge, permits either party to withdraw from the plea bargain.  A press release

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  • The Booker Effect on the Nigerian Barge Trial

    The so-called Nigerian Barge Trial that resulted in the conviction of executives from Enron and Merrill Lynch included a post-verdict proceeding — triggered by the Supreme Court’s Blakely decision — in which the government "proved" the amount of the loss and the leadership role of certain defendants to the jury.  The jury found that the

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  • Release of Computer Worm Nets 18-Month Prison Sentence

    For everyone who has been afflicted by a computer virus, a bit of retribution was meted out to Jeffrey Parson for releasing a variant of the Blaster worm in August 2003.  He was sentenced to an 18 month term of imprisonment and an as-yet undetermined amount of restitution for violating the computer crime statute (18

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  • No “Smoking Gun” Document Linking Scrushy to Accounting Fraud

    The government witness testifying on Jan. 31 in the trial of Richard Scrushy was Harvey Kelly, who worked for PriceWaterhouseCoopers as an accountant in its investigation of the accounting fraud at HealthSouth.  Kelly testified that he did not come across any documents (memoranda, e-mails, etc.) specifically linking Scrushy to the overstatements of revenue and income

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  • Tracking Down the BALCO Grand Jury Transcripts Leak

    Back in early December 2004, the baseball world was rocked by the revelation on successive days (by the San Francisco Chronicle) of the grand jury testimony of Jason Giambi and Barry Bonds (see posts here and here). That testimony is related to the government’s prosecution of four defendants involved in the creation of "designer" steroids

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  • Marsh Mac Settles with N.Y. Attorney General Spitzer Over Insurance Brokerage Practices

    Marsh & McLennan Cos. Inc. announced a settlement with New York Attorney General Eliot Spitzer’s office on Jan. 31 regarding the complaint filed in October 2004 regarding alleged price fixing in its insurance brokerage unit.  The company agreed to create an $850 settlement fund for customers to seek reimbursement for the increased costs from the

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  • Charter Communications Prosecution Ends with Fourth Defendant Pleading Guilty

    The government’s prosecution of four former executives of Charter Communications, Inc., the large cable TV company, ended when the fourth defendant, former CFO Kent Kalkwarf, agreed to enter a guilty plea.  According to the press release issued by the U.S  Attorney’s Office for the Eastern District of Missouri (St. Louis): In an effort to generate

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  • More Accounting Shenanigans

    The U.S. Attorney’s Office for the Central District of California (Los Angeles) announced yet another revenue recognition accounting fraud involving an internet company, this time L90, Inc., an internet advertising company.  According to the press release, Keith Kaplan, a former vice president and head of sales for the company conspired with two other former L90

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  • Alleged College Football Pass Ends Up in Federal Court

    The Atlanta Journal Constitution in a post here and here reports the latest in the trial of Logan Young, an Alabama booster who is being tried for racketeering in federal court for allegedly paying a former high school football coach, Lynn Lang, "$150,000 to make sure that former Trezevant High football star Albert Means signed

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