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Jenkens & Gilchrist to Pay Even More to Settle Tax Shelter Claims
An article in the New York Times (Dec. 4) states that the law firm Jenkens & Gilchrist will pay approximately $81 million to settle claims by clients who received advice about using tax shelters that were late invalidated by the IRS. A preliminary agreement reached in April 2004 set the settlement amount at $75 million,
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Will Scrushy Testify?
Will Richard Scrushy testify during his upcoming criminal fraud trial? That question is likely to be among the most important ones Scrushy’s defense team will have to help him decide as he prepares for trial. Particularly in high profile criminal cases, the defendant’s failure to testify can come back to haunt him or her when
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Interrogating Defense Lawyers in Russia
Here’s a scary thought: Defense counsel are called before prosecutors and perhaps even threatened with prosecution if they do not answer questions about their clients who are involved in a criminal investigation. A story in the Wall Street Journal (Jan. 3) discusses the use of that tactic by Russian prosecutors, particularly in connection with the
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Fourth Amendment Right to Inspect Warrant Affidavit Upheld
A recent opinion issued by the United States District Court for the District of Maryland upholds the right of a person whose property is searched (and seized) to review the government’s affidavit filed in support of the warrant unless there is a compelling government interest in maintaining secrecy. The decision in In re Search Warrants
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Complicated Investigation of Riggs Bank
Investigations can be complicated when national security plays a role in the case. It can be even more complicated when the CIA has some involvement with parties to the investigation. This may prove to be true for the investigation of Riggs Bank. The Wall Street Journal in an article titled, "Riggs Bank Had Longstanding Link
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Lawmakers May Ease on their Ethics Rules
Today’s Washington Post (also on Yahoo News) reports in a story titled, "House to Consider Relaxing Its Rules, that "House Republican leaders are urging members to alter one of the chamber’s fundamental ethics rules, which would make it harder for lawmakers to discipline a colleague." Some of the additional changes include: "allow[ing] either party to
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More on HealthSouth
HealthSouth is back in the news today. First because as reported by the New York Times in a story titled, "Trial of Ex-Chief of HealthSouth is Set to Open" that "[y]esterday, in a separate proceeding, the management of HealthSouth agreed to pay the government $325 million plus interest to settle claims that the company had
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Librarian Fraud
The December 6th post spoke of a librarian accused of fraud. The post noted how librarians and libraries are special, something that John Ashcroft found out when he tried to enter their turf with the Patriot Act. (Reports) Well it looks like some librarians may be losing that "protected class" status. The Beacon Journal (AP)
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A New Indictment Related to HealthSouth Just Days Before the Scrushy Trial Begins
A key HealthSouth Corp. prosecution is soon to begin. According to a Media Advisory of the U.S. Courts, "[o]pening statements in U.S. v. Richard Scrushy are scheduled to begin Tuesday, January 18 at 9:00 a.m in . . . Birmingham, Alabama. A 58-count indictment charges the former CEO of HealthSouth Corp. with securities fraud, among
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Government’s Brief in Martha Stewart Case
The November 3rd post has Martha Stewart’s Brief in her Appeal to the Second Circuit Court of Appeals. On December 24 is posted her Reply Brief. Now, at last, a copy of the Government’s Brief in the Martha Stewart case. It is a LONG brief – 247 pages to be exact and the argument portion
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