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Baseball Players Urine Samples Ordered Returned
In connection with the BALCO steroid prosecution, in April 2004 IRS agents seized all of the urine samples provided by major league baseball players as part of the now-replaced drug testing program. The search took place the day after the major league baseball player’s union filed a motion to quash a subpoena for the items
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Elgindy Securities Fraud Trial Coming to a Close
The securities fraud trial of Anthony Elgindy, a well-known market analyst who specializes in shorting stocks, and Jeffrey Royer, a former FBI agent accused of leaking to Elgindy information about ongoing investigations of companies, is nearing its end as the attorneys completed their closing arguments on Friday, Jan. 14. Royer testified that he disclosed the
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Nine Executives Indicted in U.S. Foodservice Accounting Fraud Scheme
Nine executives from a variety of food-supply companies were arraigned on Jan. 13 for their part in an revenue-inflation scheme at U.S. Foodservice, a wholly-owned subsidiary of the Dutch company Royal Ahold N.V. According to an article in the New York Times (Jan. 14): All the executives are accused of approving documents that claimed U.S.
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Is Martha Stewart’s Sentence Affected by Booker?
Many may be wondering whether Martha Stewart’s sentence gets reduced because of the Booker decision. Will this happen automatically? No. Can the attorneys file for a reduction in sentence? Yes. Will they? Not sure. According to a CCN Report "Attorneys for Stewart said Thursday that they were studying whether the high court decision could lead
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Prosecution Strategy in Ebbers Trial
An article in the Wall Street Journal (Jan. 14) discusses the strategy of the U.S. Attorney’s Office in the prosecution of Bernie Ebbers. The article states: If it’s up to the prosecution, the trial revolving around the largest accounting fraud in U.S. history may end up having relatively little to do with accounting. Part of
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More on Sentencing
The comments on Booker are everywhere: The government press release on the case makes it clear that they are not particularly happy with advisory guidelines. Expressed in the Detroit News is that the sky is falling. The very title of the article tells it all-, "Ruling to affect hundreds of Detroit federal defendants." The NACDL
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5K1.1 Post-Booker
Many are talking about Booker’s effect on 5K1.1 motions, always a hot topic in the white collar area. Doug Berman’s Sentencing Blog raises the issue and the NACDL list serv has had its share of chatter. Professor Berman includes a Wall Street Journal quote from Indiana University School of Law at Indianapolis Professor Frank Bowman,
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In the News
While everyone is focusing on sentencing, the news is heavy with other happenings that are important to the white collar area. Here are some of the highlights: 1. The Wall Street Journal reports in an article titled, "SunTrust Discloses Formal SEC Probe Of Restatement," that "Sun Trust Banks Inc. said the Securities and Exchange Commission
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Booker-What is a Reasonable White Collar Sentence?
The topic of the day, without doubt, is the Booker decision. Most likely many are still engaged in creating a map of the various decisions. It is always amazing how clear laws create such incredible division among the brightest of minds, the Supreme Court. This is not new for sentencing. For example, the Court in
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Initial Booker Musings for White Collar Cases
At the risk of speaking without thoroughly reviewing all the opinions (wading through Justice Scalia’s attack, which includes a reference to "Wonderland," will have to wait), a couple initial impressions (with quotes). For a more detailed (and learned) assessment of the decision, check out Doug Berman’s postings at Sentencing Law & Policy: 1. Blakely (and
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