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Computer Use is Not Always Computer Fraud
The Ninth Circuit en banc issued an opinion in the case of United States v. Nosal (Download US v Nosal 9th Cir 2012-04-10). It is not often that we see opinions that interpret section 1030, the Computer Fraud and Abuse Act. But it is also likely that this will be a hot area of the law
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Upcoming Conferences & Webcasts
NACDL 2d Annual West Coast White Collar Conference – June 7-8, Lake Tahoe here New York City Bar, 1st Annual White Collar Crime Institute – May 14, 2012 here (50% discounts off of member and non-member prices for government and public interest attorneys, students and academics; 50% discounts off of member and non-member prices for attorneys working
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In the News & Around the Blogosphere
Mike Scarcella, BLT Blog, Clemens Quarrels With DOJ Over Access To Law Firm's Notes Attorney Michael Volkov joins LeClairRyan here Mike Scarcella & Todd Ruger, National LJ, law.com, Competing fixes for bribery law – DOJ to issue new guidance, as Congress weighs big reforms A. Brian Albritton, False Claims Act & Qui Tam Law Blog, Wellcare
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Global Tech Raised in Second Circuit
In a Petition for Rehearing and Rehearing en Banc, defense counsel raises that the Second Circuit did not consider the Supreme Court's recent decision in Global Tech (for more discussion on this case see here and here). The defense argues that the 2009 conviction of Frederic Bourke Jr. for conspiracy to violate the FCPA and for
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Will the Supremes Take a Discovery Case
In the wake of the Schuelke/Shields report and the introduction of new discovery legislation, one has to wonder whether the Supreme Court will take a case that raises a Brady discovery issue. At their doorsteps is the case of James A. Brown, a case from the Enron days. As previously noted (here) Brown, is a former Merrill Lynch
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The Department of Justice and the Culture of Non-Disclosure
We don't need new legislation insuring that defendants receive the exculpatory information they are entitled to under the U.S. Constitution, because the DOJ has learned its lesson from the Ted Stevens case and will NEVER let something like that happen again. For example, in the high-profile insider trading case of U.S. v. Rajat Gupta, the DOJ recently argued that its prosecutors
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In the News & Around the Blogosphere
Neil Gough, NYTimes, Billionaire Brothers Arrested in Hong Kong Corruption Inquiry Mike Scarcella, BLT Blog, For Three Businessmen Who Pleaded Guilty In A Foreign Bribery Case, A Reprieve Michael Braga, Herald Tribune, Flipping trial witness counters prosecution's case (w/ a hat tip to Linda Friedman Ramirez) Benjamin Weiser, NYTimes, Ex-Councilwoman and Admirer Are Found Guilty in
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In the News & Around the Blogosphere
Ross Todd, Corproate Counsel, law.com, Good News and Bad for Gupta as Insider Trading Trial Nears Weil News, Chief of the Securities & Commodities Fraud Task Force at the USAO-SDNY to Join Weil John R. Emshwilller & Gary Fields, Wall St Jrl, Evidence Rules Put on Trial -Bill Would Set National Standard for What Prosecutors
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