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Government Enjoined from Prosecuting Company Granted Antitrust Immunity
On Jan. 14, U.S. District Judge Timothy Savage (E.D. Pa.) enjoined the Department of Justice from indicting Stolt-Nielsen S.A., a foreign freight carrier, and Richard Wingfield, an executive vice-president, for antitrust violations for fixing prices in the chemical shipment industry. In 2003, under the Antitrust Division’s "Corporate Leniency Program," which permits the first company that
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Please Take This Post
West Publishing Company and Foundation Press, sponsors of this blog and our Law Professor Blogs Network, have asked that we help identify our readership through this on-line survey. They (and we) would like to figure out the mix of professors, judges, lawyers, librarians, students, and others who read this blog. The survey takes less than
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Booker and the Corporate Sentencing Guidelines
An article in the Wall Street Journal (Jan. 17), "Ruling on Sentencing Guidelines May Also Affect Corporate Crime," indicates that the Supreme Court’s decision in Booker could result in Congressional changes to the Corporate Sentencing Guidelines. This portion of the Sentencing Guidelines contains a detailed description of how corporate cooperation and measures to prevent misconduct
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The Booker Effect–Higher Sentences?
While the Supreme Court’s decision in Booker is still being parsed, one fairly consistent view of its effect is that with the demise of the rigidity of the mandatory federal Sentencing Guidelines, sentences are likely to move lower. That may well be true in the drug area, at least for lower-level operatives who get hit
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Riggs National Bank Directors Asleep at the Switch
Riggs National Bank became embroiled in a money laundering scandal related to its relationships with foreign governments and leaders, including former Chilean dictator Gen. Augusto Pinochet, and as a result the bank was bought out by PNC Financial (see earlier posts here and here). A story in the Washington Post (Jan. 17) details the failure
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Another Take on Ebbers Trial
The New York Times weighed in with its take on the upcoming trial of Bernie Ebbers, former CEO of WorldCom. In an article on Jan. 16 "Superlatives (and Contradictions) in a Fraud Trial", reporter Ken Belson writes: Many trials involving former corporate highfliers come down to whether the executive planned or knew about the fraud,
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FBI Art Theft Task Force Formed
With all the hullabaloo just since January 1 about sentencing, torture policies, and the impending corporate chieftain trials (and retrials), it is nice to read a story about a slightly more arcane area of the criminal world, specifically the theft of art. The FBI has formed a new task force to take on the problem,
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Peter Goldberger on Booker
Peter Goldberger on Booker Peter Goldberger, NACDL member and criminal defense attorney, always has profound comments on legal issues. He has agreed to share his take on Booker on this list below: "Booker decided (in the Stevens-drafted part of the majority opinion) that *because* the statute as enacted by Congress in 1984 *requires* (in 18
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What is Scrushy Doing While the Trial Is Delayed?
According the the Atlanta Jrl Const. (AJC) the Scrushy trial is delayed a week as the prosecution "unloaded thousands of documents containing potential evidence on Scrushy right before opening statements were set to begin Jan. 18, spurring the judge to delay the trial by a week." (See Post of Jan. 11) Discovery material that is
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Kozlowski: What Will the Jury Say?
As the re-trial of L. Dennis Kozlowski, former Tyco chief executive, and Mark H. Swartz, Tyco’s former chief financial officer, is about to begin (Tuesday) the New York Times reports that Kozlowski says "’I firmly believe that I never did or intended to do anything wrong.’" The NYTimes reports that "Kozlowski wants to be clear:
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