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HSBC Settlement: The Unanswered Questions
by: Solomon L. Wisenberg You can debate all day whether the government should allow any financial institution to get too big to fail. You can also debate whether such an institution, if it is too big to fail, should be too big to prosecute, even when it engages in blatantly criminal conduct over a lengthy period…
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New Article – Condemnation Without Basis: An Expressive Failure of Corporate Prosecutions
Gregory M. Gilchrist (Todelo) has a forthcoming article in Hastings Law Journal titled, "Condemnation Without Basis: An Expressive Failure of Corporate Prosecutions." The abstract describes it as: This is the second of two articles on the expressive aspects of corporate criminal liability. The first article argued that to justify imposing criminal liability on corporations we…
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Discovery
One of the hottest issues these days concerns discovery violations by prosecutors. Check out Professor Ellen Yaroshefsky's article, New Orleans Prosecutorial Disclosure in Practice after Connick v. Thompson in the Georgetown Journal of Legal Ethics that provides a view of this issue in looking at the New Orleans Prosecutor's Office. (esp)
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New Article – Unregulated Corporate Internal Investigations: Achieving Fairness for Corporate Constituents
Professor Bruce Green (Fordham) and I have a new article coming out in Boston Colleg Law Review, titled Unregulated Corporate Internal Investigations: Achieving Fairness for Corporate Constituents. You can download the article here. The SSRN abstract states: This Article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an…
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New Article – Can the CEO Learn from the Condemned? The Application of Capital Mitigation Strategies to White Collar Cases
Todd Haugh has a forthcoming article in the American University Law Review titled, Can the CEO Learn from the Condemned? The Application of Capital Mitigation Strategies to White Collar Cases . The Abstract states: Ted Kaczynski and Bernie Madoff share much in common. Both are well-educated, extremely intelligent, charismatic figures. Both rose to the height…
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Second Circuit Rules Off-Label Promotion Is Protected Free Speech
Guest Bloggers – José P. Sierra & William B. Mateja The U.S. Court of Appeals for the Second Circuit in a 2-1 split vote overturned the misdemeanor conviction of a former Orphan Medical, Inc. (now Jazz Pharmaceuticals Inc.), sales representative who had been charged with "misbranding" under 21 U.S.C. § 331(a) and (a)(1). The sales representative,…
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Second Circuit Vacates Part of Tax Shelter Case
Guest Blogger – Peter D. Hardy (Post & Schell) On November 29, a divided panel of the Second Circuit vacated two out of four convictions obtained at trial by the government in the massive Ernst & Young (E&Y) tax shelter case, due to insufficient evidence. The opinion, United States v. Coplan et al, 10-583-cr(L), is…
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United Water Case
Co-blogger Solomon Wisenberg previously reported the not guilty verdicts here in the United Water case. Corruption Crime and Compliance also notes here. Representing United Water along with partner Kristine Rembach and associate Rob Smith, was Steven P. Solow of Katten Muchin Rosenman LLP. (esp)
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In the News & Around the Blogosphere
Mike Scarcella, BLT Blog, AG Eric Holder's Chief of Staff Announces Departure Covington & Burling, An Analysis of the FCPA Resource Guide Perkins Coie, New FCPA Guidance by DOJ & SEC: Important, But No Sea Change Catherine Dunn, Corporate Counsel, DOJ and SEC's New FCPA Guidance Provides a Desktop Compliance Reference for Companies (w/ a hat…
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In the News & Around the Blogopshere
DOJ Press Release, Former Fair Financial Company CEO Sentenced In Indianapolis to 50 Years in Prison for Role in $200 Million Fraud Scheme Two Other Fair Financial Executives Sentenced Today for Roles in Scheme The Economic Times, US prosecutors oppose Rajat Gupta's plea to remain free on bail; Basil Katz, Appeals court to hear arguments…
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