Blog

  • The Cost of a White Collar Case

    The financial cost of a white collar case can be a huge deterrent in itself.  But often, the corporation or company where the individual is employed will be footing the bill. Check out – Peter Lattman, N.Y.Times, Goldman Stuck With a Defense Tab, and Awaiting a Payback (esp)(w/ a hat tip to Professor Jerold Israel)

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  • Call For Nominations For the 2013 White Collar Criminal Defense Award

    CALL FOR NOMINATIONS FOR THE 2013 WHITE COLLAR CRIMINAL DEFENSE AWARD The NACDL White Collar Criminal Defense College at Stetson University College of Law is an intensive “boot-camp” style program for practitioners wishing to gain key advocacy skills and learn substantive  white collar law. In conjunction with this event, the Advisory Board of the White Collar Criminal

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  • Reactions to Gupta Verdict

    The jury deserves credit – they clearly evaluated all the counts as evidenced by their finding of guilt in some and not guilty in others.  The judge deserves credit – Hon. Jed Rakoff is a leading scholar and superb jurist.  But should this be a crime? And exactly what is the crime? Should individuals who obtain little or

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  • Keiffer Decision Extends Wire Fraud

    The Tenth Circuit recently affirmed the convictions, but remanded the sentence of Howard O. Kieffer.  Kieffer, who for several years was practicing criminal defense law, had a problem – he never went to law school and had no license to practice law.  A court in the Eighth Circuit in 2010 upheld his convictions for mail fraud and making false

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  • Gupta Convicted On Some Counts & Acquitted On Others

    Peter Lattman & Azam Ahmed, NYTimes, Rajat Gupta Convicted of Insider Trading Patricia Hurtado & David Glovin, Bloomberg, Ex-Goldman Director Rajat Gupta Convicted of Insider Trading  AP, Ex Goldman Sachs director Rajat Gupta convicted (esp)

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  • Government’s Response to Brady Reform Relies on Fear Not Fact

    Guest Blogger Jon May Last week Deputy Attorney General James M. Cole presented a thoughtful argument why Congress should not enact the Fairness in Disclosure of Evidence Act of 2012 which would for the first time codify the obligation of prosecutors to disclose favorable evidence to the accused. (see testimony here) Distilled to its essence, DOJ

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  • In the News & Around the Blogosphere

    DOJ Press Release, Allen Stanford Sentenced to 110 Years in Prison for Orchestrating $7 Billion Investment Fraud Scheme; Emily Wilkinson, Houston Business Chronicle, Stanford Sentenced to 110 Years for Ponzi Scheme Bob Van Voris & David Glovin, Bloomberg News,  BDO Seidman to Pay $50 Million in Deferred Prosecution Grant McCool & Basil Katz, Reuters, US says Gupta guilty;

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  • Gupta in Turnabout Decides Not to Testify

    The New York Times reported yesterday that Rajat K. Gupta, a former Goldman Sachs director on trial in the Southern District of New York for providing inside information to his friend and business colleague Raj Rajaratnam so that Rajaratnam could make trades based on those tips, will not testify, according to a letter his highly

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  • Did Bank of America CEO Wrongly Mislead Voting Shareholders Concerning Purchase of Merrill Lynch?

    The New York Times this Monday reported that Bank of America (BOA) executives, including its then chief executive, Kenneth D. Lewis, in 2008 concealed from shareholders about to vote whether to approve the bank's purchase of Merrill Lynch that the expected losses that the bank would absorb from the purchase were far greater than reflected in

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  • New Trial Ordered for ESI Discovery Violation – Electronic Evidence Must be Usable

    Guest Blogger – Rochelle Reback  In light of the prevalence of ESI discovery in white collar cases it is ironic that an important principle regarding electronic discovery is developed for us in an indigent's drug smuggling case. But, we'll take it! In United States v. Stirling ( Download Altonaga order granting new trial(1)) yesterday, District Judge

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