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In the News & Around the Blogopshere
DOJ Press Release, Department of Justice Forfeits More Than $400,000 in Corruption Proceeds Linked to Former Nigerian Governor Mike Scarcella, BLT Blog, Two Prosecutors in Stevens Case Appeal Disciplinary Action Lawrence Bader, Forbes, Why do people have a negative view of cooperators? Second Circuit Affirmed Lynne Stewart Sentencing – opinion Patricia Hurtado, Bloomberg, Rajaratnam Cooperator
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AG Holder’s Response to Contempt Vote
The media is reporting that the house voted to hold AG Holder in Contempt (see here, here, and here). AG Holder's response is here. So let's see – President Obama wins on the health care decision with the Supreme Court, and later the same day the Attorney General is held in contempt of Congress. So
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National Federation v. Sebelius In A Nutshell
Roberts and the 4 libs (that makes 5) agree that the individual mandate can be fairly construed as a tax, AND that Congress has the power to levy this tax. The 3 other conservatives and Kennedy (aka "the joint dissenters") dissent. Roberts and the 3 other conservatives and Kennedy (that makes 5) agree that Congress lacks the Commerce Clause power to make you buy wheat, vegetables, or
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Commentary on the Court’s Decision Finding the Stolen Valor Act Unconstitutional
It is important to honor those who served our country and received medals. It is especially important for us to recognize those few who received the Congressional Medal of Honor. These individuals are our heroes and there are not enough words to say thanks to them. It is also important to note that those who did not
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Stolen Valor Act Unconstitutional – Alvarez Decision
Don't overlook the Supreme Court's Alvarez decision today when reading about another important decision issued by the Court today – the one that upholds the Affordable Care Act. The Court's finding the Stolen Valor Act unconstitutional opens up some First Amendment arguments in the criminal sphere. The test provided by the plurality decision is that "there must be a
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Barclays Bank to Pay – $160 Million – as Part of Non-Prosecution Agreement
A DOJ Press Release reports, Barclays Bank PLC Admits Misconduct Related to Submissions for the London Interbank Offered Rate and the Euro Interbank Offered Rate and Agrees to Pay $160 Million Penalty Some highlights of the press release – "Barclays Bank PLC, a financial institution headquartered in London, has entered into an agreement with the
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In the News & Around the Blogosphere
Katherine Frey, Wash Post, Judge who had ‘no passion for punishment’ retires after 31 years (with a hat tip to Donna Elm and Mark O'Brian) T. Markus Funk, Law360, Exposing Online Service Providers to Criminal Liability T. Markus Funk, Bloomberg BNA, Marketing Opportunity to Business Imperative: How yesterday's 'Dolphin-Safe' Tuna Became Today's Child, Human Trafficking, and Slave
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Southern Union Co. – Apprendi Applies to Fines – But Will it Matter?
The Supreme Court issued an opinion in Southern Union Co. v. United States. The company was convicted of a RCRA violation, which carries a penalty of a fine of not more than $50,000 for each day that there is a violation. Justice Sotomayor, writing the opinion for the Court, considered whether juries need to decide the
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Politics and Justice
AG Holder has issued a statement in response to the House Panel Vote (on party lines) to recommend holding him in contempt for not providing items to the committee – In his statement, Holder states- “In recent months, the Justice Department has made unprecedented accommodations to respond to information requests by Chairman Issa about misguided
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