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Increased Sentences & DoJ Guidance
As usual, Doug Berman on Sentencing Law & Policy takes the barest thoughts of others and builds on them to discuss important ramifications from Booker, and his post "Increased Sentences post-Booker" deals with the issue of judges increasing sentences beyond the Guidelines range and possible due process/ex post facto concerns. The post here earlier discussed
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Former Gemstar GC Sanctioned
An article in the Wall Street Journal (Jan. 21) discusses the settlement of an SEC action by Jonathan Orlick, the former general counsel for Gemstar-TV Guide International Inc., for his participation in an accounting fraud. In settling the action, Orlick agreed to a bar from serving as a director or officer of a public company
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Barry Minkow on the Rebound with New Book
Barry Minkow’s company, ZZZZ Best, made him the face of fraud in the early 1990s along with Mike Milken and Charles Keating. A media darling for founding a purported multi-million dollar janitorial company that was little more than a facade to fleece investors, Minkow served almost eight years in an FCI in Lompoc, CA, where
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Fraud: Even Compliance Officers Need Oversight
Many fraud cases arise from situations where oversight is lacking. What proves to be the most unfortunate are those cases where the individual handling the company oversight is the person committing the fraud. The Atlanta Journal Constitution reports on a case that may prove to fit within this category. The "vice-president in charge of compliance"
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Increased Sentences After Booker
The United States Attorney’s Office in Houston (S.D. Tex.) issued a press release on Jan. 20 stating that U.S. District Judge Randy Crane resentenced three defendants convicted of public corruption offenses to increased prison terms due to the Supreme Court’s decision in Booker. The defendants, two former school district officials and a city manager, were
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casdfgScrushy Takes Three Punches Before Getting in the Ring
AP Wires report that "Richard Scrushy lost a key pretrial round Thursday when a judge refused to throw out secret recordings that prosecutors contend prove the fired HealthSouth CEO was part of a massive fraud." But whether this ruling will be "key" to the defense remains to be seen. For one, it does not mean
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Homeless and committing white collar crimes?
The San Diego Union Tribune, in an article titled, "Identity-theft suspect facing fraud charges," reports on perhaps one of the most fascinating people to be accused of a white collar crime. The individual, alleged to live in homeless shelters (FBI appears to question this), is accused of "bank[ing] more than $9 million in bogus class-action
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Only in Georgia?
In an article in the Atlanta Journal Constitutional this morning, titled, "If Perdue has way, spam will be felony," Governor Perdue of Georgia is trying to push for a new law that would make it a felony "to send more than 10,000 misleading e-mails during a 24-hour period, make large sums of money off
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Prescription Fraud
In an article in the Chronicle of Higher Education, (subscription required) "[a] former team doctor at the University of Washington pleaded guilty in federal court on Wednesday to prescription fraud." According to the article, the doctor’s medical license was suspended in 2003 and he now faces "up to six months in jail, 500 hours of
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In-House Counsel Beware
An article in Corporate Counsel (Jan. 20, available on Law.Com) sends out a wake-up call (in case one is necessary) to in-house lawyers who work at publicly-traded companies subject to the securities disclosure rules and, more pertinently, the up-the-ladder reporting requirement imposed by the Sarbanes-Oxley Act. The article discusses the SEC’s settlement with John Isselmann,
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