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Rajat Gupta Sentencing Materials
by: Solomon L. Wisenberg Rajat Gupta is scheduled to be sentenced by Judge Jed Rakoff on Wednesday. The Rajat Gupta Sentencing Memo filed last week by his attorneys is an outstanding work of its kind, and the Government's Sentencing Memo in U.S. v. Gupta is also quite good. Gupta's Guidelines Range, according to the Government and the…
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Upcoming Oral Arguments in Rajaratnam Appeal
On October 25th the Second Circuit will hear oral arguments in the Rajaratnam case. There are several significant issues that are likely to be decided here. The three issues presented by Appellant include an improper wiretap application, alleged misstatements upon which the wiretap is premised, and an argument premised on causation and whether the jury…
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Upcoming Conferences & Programs
NACDL, Defending the White Collar Case, see here Second Annual White Collar Criminal Defense College at Stetson, see here International Society for the Reform of Criminal Law, ABA Criminal Justice Section, AALS, Fifth Annual Fall Institute – Sentencing, Reentry, Juvenile Justice, Legal Education, see here (esp)
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In the News & Around the Blogosphere
Debra Cassens Weiss, ABA Jrl Law News Now, Acquitted In-House Lawyer Warns of the ‘Criminalization’ of Law Practice Lynn A. Neils joins Covington- see here Tresa Baldes & Jim Schaefer, Detroit Free Press, In public corruption trial, Kilpatrick's lawyer says government witness is a liar, gambler, and a tax cheat Patricia Hurtado, Bloomberg, Rajaratnam Case Cooperator Goel Gets…
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Guts and the DC Bar Counsel: The Case of Andrew J. Kline
by: Solomon L. Wisenberg We all make mistakes. We are all flawed. It is a relatively rare prosecutor who has not committed, overseen, or sufferred on his watch some kind of Brady error somewhere along the way. Usually it is unintentional. Prosecutors are not naturally inclined or oriented to sniff out Brady materials. (They are paid…
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Defense Witness Immunity & Global Tech – Important Issues on Cert
An interesting issue is presented to the Supreme Court on cert – defense witness immunity. The case of Walton v. the United States presents an issue that has plagued many a defense counsel – what do you do when you have a critical defense witness who will not testify without immunity. The government has the ability to give a…
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Health Care Fraud – DOJ Carries Through on Promise
The Medicare Fraud Strike Force activities of yesterday were impressive (see here), but not new for the present AG's office. AG Holder promised that health care fraud would be a priority, and he has carried through with this promise. In this recent instance we are seeing 91 individuals being indicted across the country in a massive "Medicare Fraud Takedown." Assistant AG…
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Second Annual White Collar Criminal Defense College at Stetson
The NACDL White Collar Criminal Defense College at Stetson is a "boot-camp" program for practitioners wishing to gain key advocacy skills and learn substantive white collar law. The program will cover client retention, investigation in a white collar case, handling searches and grand jury subpoenas, and dealing with parallel proceedings. Participants will have the experience…
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Second Annual White Collar Criminal Defense College at Stetson – January 9-13, 2013
The NACDL White Collar Criminal Defense College at Stetson is a “boot-camp” program for practitioners wishing to gain key advocacy skills and learn substantive white collar law. The program will cover client retention, investigation in a white collar case, handling searches and grand jury subpoenas, and dealing with parallel proceedings. Participants will have the experience…
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NPA, DPA, Guilty Plea or Trial – Tyco & Subsidiaries
It is always interesting to see who will get a non-prosecution agreement, a deferred prosecution, or be placed in the position of pleading guilty. There are few who go to trial, but occasionally it happens. The risk of trial is enormous especially if the company is in the defense procurement area, accounting, health care, or…
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