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Brady Violations. Again.
Here is the Second Circuit's opinion (U.S. v. Mahaffy) from last Thursday in the EDNY's Squawk-Box case, vacating the convictions due to Brady violations and an untenable honest services jury charge. (wisenberg)
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New Scholarship -International White Collar Crime and the Globalization of Internal Investigations
By Lucian Dervan – available here– Abstract: Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I,
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In the News & Around the Blogosphere
William M. Welch II & William W. Taylor III, NLJ, The Brady problem: Time to face reality -Nothing less than changes in the discovery rules in criminal cases will ensure that exculpatory evidence is consistently produced to defendants Former Federal Prosecutor John Rice Joins Ballard Spahr as White Collar Litigator in San Diego DOJ Press
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New Scholarship – Global Bribery: The Foreign Corrupt Practices Act
By – Lucian Dervan & Markus Rubenstahl – available here Abstract: Written for a European publication focusing on internal investigations, this piece seeks to introduce the reader to the fundamental elements of the American FCPA, including discussion of available defenses under the statute. Further, this piece discusses some of the collateral considerations that must be
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Hon. Beryl Howell Interprets Southern Union Co.
The Supreme Court, in Southern Union Co. held that "where a fine is so insubstantial that the underlying offense is considered 'petty' the Sixth Amendment right of jury trial is not triggered and no Apprendi issue arises." But the Court then went on to say that "not all fines are insubstantial, and not all offenses punishable
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Big Dig Sentence Decision
The First Circuit affirmed the sentences of Robert Prosperi and Gregory Stevenson. The government appealed the sentences following their convictions for mail fraud, highway project fraud and conspiracy to defraud the government. "Both appellees were employees of Aggregate Industries NE, Inc. ('Aggregate'), a subcontractor that provided concrete for Boston's Central Artery/Tunnel project, popularly known as
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Lying Juror Requires New Trial in Massive Tax Fraud Case
Last month, in a thorough 64-page opinion, Southern District of New York Judge William Pauley ordered a new trial for three of four defendants convicted in what he described as "the largest tax fraud prosecution in U.S. history" because a juror, Catherine M. Conrad, had lied her way into being accepted as a juror. United
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Commentary on GlaxoSmithKline Settlement – The Government Push is Definitely on Health Care Fraud
This $3 billion settlement between GlaxoSmithKline and the government is the largest settlement in the health care fraud arena. But DOJ's focus on health care fraud is not limited to this one case.According to TRAC reports here for "FY 2011 the government reported 1,235 new health care fraud prosecutions." This is particularly noteworthy because it demonstrates a number that
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GlaxoSmithKline Plea – Largest Health Care Fraud Settlement
DOJ Press Release, GlaxoSmithKline to Plead Guilty and Pay $3 Billion to Resolve Fraud Allegations and Failure to Report Safety Data Largest Health Care Fraud Settlement in U.S. History Commentary to follow. (esp)
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