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Will the “Public Safety Emergency Exception” Apply in White-Collar Cases?
by: Lawrence S. Goldman The government decision to delay Miranda warnings, and also the first appearance before a judge and the assignment of counsel, for Dzhokhar Tsarnaev, the surviving alleged Boston Marathon bomber, was a tactical one, no doubt based largely on an evaluation that any admission Tsarnaev makes is unnecessary to a government case (eyewitnesses, an…
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Administrative Judge Reverses Suspension of Stevens Prosecutors
by: Lawrence S. Goldman An administrative judge for the Merit Systems Protection Board has overturned the DOJ internal decision finding reckless misconduct for violating Brady obligations by two prosecutors of Senator Ted Stevens, Joseph Bottini and James Goeke, and ordering their suspensions. See here. The administrative judge ruled that DOJ had violated its own disciplinary procedures which require…
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New Scholarship – “Should Competition Policy Promote Happiness?”
Maurice E. Stucke (University of Tennessee) authored an article titled, "Should Competition Policy Promote Happiness?" The SSRN abstract states: What, if anything, are the implications of the happiness economics literature on competition policy? This Paper first examines whether competition policy should promote (or at least not impede) citizens’ opportunities to increase well-being. The Paper next…
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White Collar Criminal Law is Heating Up?
Two news items today highlight that the white collar area continues to be a key component of the criminal justice system. In Atlanta we see a Fulton County Grand Jury issuing indictments for claims that an alleged test cheating scandal involves criminal activity. See Michael Winerip, NYTimes, Former Atlanta Schools Chief Is Charged in Testing Scandal. And…
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Upcoming 2013 Federal Sentencing Guidelines Seminar
22nd Annual National Seminar on Federal Sentencing Guidelines, May 22-24, 2013 – Orlando, Florida – here (esp)
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In the News & Around the Blogosphere
Wes Reber Porter, law.com (The Recorder), Viewpoint: Sentencing Guidelines Needn't Be Scrapped DOJ Criminal Division Head Lanny A. Breuer Returns to Covington As Vice Chair Amanda Bronstad, NLJ, Ex-Nixon Peabody partner's co-defendant draws 10-year sentence in Ponzi scheme Larry A. Mackey and Jason R. Barclay of Barnes & Thornburg represented a real estate executive who…
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New Scholarship – Policing the Firm
Daniel Sokol (UF & Minn) has a new piece titled, Policing the Firm. SSRN states: Criminal price fixing cartels are a serious problem for consumers. Cartels are hard to both find and punish. Research into other kinds of corporate wrongdoing suggests that enforcers should pay increased attention to incentives within the firm to deter wrong-doing.…
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In the News & Around the Blogopshere
Nate Raymond, Reuters, Raj Rajaratnam brother charged with insider trading PerkinsCoie, Perils of the Global Supply Chain Series, Part 3: Groundbreaking 'Honey Laundering' Sting Signals New Era in Supply Chain Enforcement (contributing authors, T. Markus Funk, Jean-Jacques Cabou, Michael A. Sink, Elizabeth M. Banzhoff, & Elizabeth Breakstone) David Gialanella, New Jersey Law Jrl, Former Prosecutor Convicted…
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Gideon’s Promise & White Collar Crime – Is a Ford Taurus Enough?
Today marks the 50th anniversary of the Supreme Court's landmark decision in Gideon v. Wainwright, a case that promises the accused charged with a crime the right to counsel. Throughout the country many are recognizing the importance of this historic day with articles that tell the Gideon story. (see, e.g., here). One sees a Supreme…
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In the News & Around the Blogosphere
Peter Lattman, NYTimes, SAC Capital to Pay $616 Million in Insider Trading Cases Paul Kish, Federal Criminal Lawyer Blog, Divided Atlanta Federal Appeals Court Upholds Florida Mail Fraud and Bribery Conviction: the Latest Saga in the "Honest Services" Debate Mary M. Chapman, NYTimes, Former Mayor of Detroit Guilty in Corruption Case Adam Nossiter, NYTimes, U.S.…
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