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Investigation of Prosecutorial Misconduct
An article in the Detroit News (Dec. 3) discusses the expansion of a criminal investigation of Richard Convertino, an Assistant U.S. Attorney in the Eastern District of Michigan, for his conduct as the prosecutor in two drug trials. Convertino was the lead prosecutor in the so-called "Detroit Terrorism Trial" in 2003, in which two men
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BALCO Keeps Getting Bigger: Grand Jury Leaks and Potential Perjury
The leaks of grand jury transcripts got even bigger when the San Francisco Chronicle published an article (Dec. 3) for the second day in a row containing excerpts from previously secret grand jury testimony transcripts in the BALCO case. This time, the newspaper recounted the testimony of Barry Bonds, the reigning National League MVP (four
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Kmart Securities Fraud Civil Case
The SEC filed a civil injunctive action (Dec. 2) against three former Kmart executives and five employees of three vendors related to a scheme to inflate the company’s earnings by $24 million through improper accounting for vendor payments. The former Kmart employees are John Paul Orr, former Divisional Vice President of Kmart’s photo division; Michael
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Insider Trading Charge for Former Network Associates Officer
On Nov. 30, Evan Collins, the former controller of Network Associates (now McAfee, Inc.) was charged with one count of securities fraud in a criminal information for insider trading based on stock sales he made in November 2000 in advance of the release of negative information by the company (you remember that darn tech bubble
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BALCO Steroid Prosecution
The high-profile prosecution of four men linked to the Bay Area Lab Co-operative (BALCO), including the former personal trainer for Barry Bonds, made more headlines when the San Francisco Chronicle (Dec. 2) got a chance to review the grand jury testimony of Jason and Jeremy Giambi in which they admitted taking a variety of steroids.
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Political Harassment Indictment
The former New England Regional Director of the Republican National Committee, James Tobin, was charged in a four-count indictment on Wednesday, Dec. 1, with conspiracy to make harassing telephone calls to the New Hampshire Democratic headquarters on election day in 2002. According to the indictment, Tobin worked with Charles McGee (who is not charged in
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AIG Finalizes Settlement with Federal Government
American International Group, Inc. (AIG) announced on Nov. 30 that it had concluded a settlement with the SEC and Department of Justice regarding insurance products sold to two customers that assisted them in allegedly providing misleading financial statements. A post on Nov. 24 discussed the first report of the settlement. According to the AIG press
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Prosecutorial Control of Information
An interesting working paper by Professor Peter Margulies (Roger Williams), entitled Above Contempt?: The Attorney General, the Courts, and Informational Overreaching in Terrorism Prosecutions, looks at the issue of prosecutorial control of information and incentives to withhold such information from defendants. The abstract states: Prosecutors face the continual temptation to overreach in decisions about the
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Cyber Business Attacks
An article in the Wall Street Journal (Nov. 30) discusses a new form of cybercrime in which businesses are attacked by competitors who seek to disable or disrupt websites through which so much commerce occurs. Hackers do not attack websites or release viruses just for the joy of testing computer network security, but rather are
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Money Laundering Problems at Bank of New York
A report in the Wall Street Journal (Nov. 30) indicates that the Bank of New York is negotiating to avoid an indictment for failing to report suspicious activity by a customer. The Bank was at the center of the widely-report Russian mafia money-laundering scandal in the mid-1990s that was reputed to involve billions of dollars.
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