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Corporate Social Responsibility and Supply Chains Practice: Proposed Dodd-Frank Conflict Minerals Rules
Chart by T. Markus Funk & Jean-Jacques Cabou of PerkinsCoie – Dodd- Frank Conflict Minerals Flow Chart- Download Conflict Minerals Flow Chart_TMF (esp)
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Federal Sentencing Guidelines Conference – Fraud Panel
The recent federal sentencing guideline conference had a panel moderated by Professor Doug Berman (Ohio State) on fraud/theft – it was part two for this conference on the topic of the fraud/theft sentencing guidelines. The panelists were: Harry Chernoff (AUSA Southern District of NY); Lisa Mathewson (Law Offices of Lisa A. Mathewson); Tracy A. Miner
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Should Edwards Be Retried?
As noted here, John Edwards was found not guilty on one count, and the jury was unable to reach a verdict on the remaining counts. Prosecutors should now move on and not retry Edwards on these remaining counts. The government has expended enough taxpayer money on this case and Edwards most likely has had to incur
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Edwards – Not Guilty Count Three; Hung on Remaining Counts
Media, twitter, etc. all reporting that Edwards not guilty on count three and that the court has finally declared a mistrial on the remaining five counts. See here and here. (esp)
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Edwards Trial – False Alarm
News media initially said that there was a verdict in the Edwards case, but it proved to be somewhat of a false alarm. The jury reached a verdict on one count, but the court did not take the verdict and sent them back to continue with more deliberations in the hope that they would reach
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Corporate Sentencing Statistics With Commentary
Some have been claiming that corporate prosecutions are down in numbers. It certainly has not seemed that way, so I was glad to see the numbers, which demonstrate that corporate sentencings have been average over the past few years. Lisa Rich, Director of the Office of Legislative and Policy Affairs at the United States Sentencing Commission provided the
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Ninth Circuit Looks at Selective Waiver
In In re: Pacific Pictures the Ninth Circuit looks at "whether a party waives attorney-client privilege forever by voluntarily disclosing privileged documents to the federal government." The court starts with the principle that "voluntarily disclosing privileged documents to third parties will generally destroy the privilege." The court rejects the petitioners argument that disclosing documents to
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DOJ “Punishment” of Stevens Prosecutors Too Lenient
I have not read the 672-page Department of Justice report finding that federal prosecutors Joseph W. Bottini and James A. Goelke acted recklessly — but not intentionally — in withholding exculpatory information from Sen. Ted Stevens at his trial for corruption. Nor have I read the 525-page Scheulke/Shields report commissioned by Judge Emmet Sullivan that concluded
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In the News & Around the Blogosphere
David Voreacos & Greg Farrell, Bloomberg Businessweek, Wal-Mart Not Alone in Late Disclosure of Bribe Probe Mike Scarcella, law.com, At odds in the Stevens case – Internal DOJ report shows fighting over punishment of prosecutors Dan Ariely, WSJ, Why We Lie (hat tip to David Gerger) Adam Liptak, NYTimes, A Tough Judge’s Proposal for Fairer Sentencing
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Government Dismisses Lindsey Manufacturing Case Appeal
The DOJ filed a motion to voluntarily dismiss (Download USA v Lindsey, etc., et al.___ecf.ca9.uscourts) in the U.S. Court of Appeals for the Ninth Circuit the FCPA case involving Lindsey Manufacturing Co., its CEO and CFO. The government had filed an appeal on December 1, 2011 following an Order of District Judge Howard Martz, who ruled
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