Blog

  • 2012 ABA White Collar Crime Conference- Back to Basics – Sentencing

    The opening session of the ABA Annual White Collar Crime program was a back to basics sentencing program. This program was moderated by Jodi L. Avergun (Cadwalader) who did a wonderful job walking the panel participants through the basics of white collar sentencing. She noted that many feel the sentences in white collar cases have

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  • Times Endorses Open Discovery

    In its lead editorial yesterday, entitled "Justice and Open Files," the New York Times proposed an "open files policy" for criminal discovery (see here).  It based its reasoning largely on the several recently exposed cases of Brady violations by DOJ attorneys, including most prominently the case of Senator Ted Stevens.  (Similar arguments have been made

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  • More on the Dismissal of FCPA Sting Case

    Reported here was the dismissal by the government of the FCPA Sting case. This is a huge dismissal as two cases had already been tried. Comments from some of the defense counsel: Stephen Bronis, Carlton Fields and defense counsel to Stephen G. Giordanella states "This FCPA sting investigation was ill conceived and ill executed. Our

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  • The NACDL White Collar Criminal Defense College at Stetson announces inaugural White Collar Criminal Defense Award recipients

    The NACDL White Collar Criminal Defense College at Stetson has announced the recipients of the inaugural White Collar Criminal Defense Award. Jan Lawrence Handzlik and Janet Levine have both been selected by the NACDL White Collar Criminal Defense College advisory board to receive the award, which honors individuals who have made a profound impact on

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  • Move Over Ted Stevens, Here Comes Dr. Jordan: DOJ’s Next Brady Scandal?

    [All of the facts in this post come from the 11th Circuit opinion in United States v. Ignasiak, publicly available on the 11th Circuit's website (here) or from PACER.] Arthur Jordan used a counterfeit badge and posed as an on-duty U.S. Marshal in order to carry firearms onto commercial airplanes while on personal travel. He did this nine times. According to the United

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  • Government Dismisses FCPA African Sting Case

    The government filed a dismissal with prejudice in an FCPA African Sting case stating: "(1) the outcomes of the first two trials in which, after extensive deliberations, the juries remained hung as to seven defendants and acquitted two defendants, and one defendant was acquitted on the sole charge against him pursuant to Fed. R. Crim. P.

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  • WSJ On FCPA

    The Wall Street Journal editorial page weighs in on FCPA prosecutions here this morning, bewailing DOJ's increasingly broad construction of the statute and calling for reform. The editorial hits the FCPA nail right on the head, noting Mother Justice's recent setbacks in three FCPA cases, but also noting that big companies settle FCPA cases for outrageously large sums instead of shouldering the

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  • NACDL White Collar Criminal Defense College at Stetson

    If you are planning to attend the NACDL White Collar Criminal Defense College at Stetson, please book a room quickly – the room block will soon be closed. The NACDL White Collar Criminal Defense College at Stetson is a “boot-camp” program for practitioners wishing to gain key advocacy skills and learn substantive white collar law.

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  • Ding Dong, Grand Jury Calling.

    Today's WSJ reports here,  in an article by Joe Palazzolo and Emily Glazer, that Avon is facing a DOJ and federal grand jury invesitgation of FCPA allegations. It is unclear who leaked the grand jury aspect of the case, but Avon does not deny that there is an investigation and you can't run a federal

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  • House Says: Stock Act on Insider Trading – Yes; Leahy-Cornyn Amendment – No

    The House passed the Stock Act which makes members of Congress subject to insider trading scrutiny. With both Senate and House approval (although there are diffferences in the two bills) this is moving in the direction of becoming law. (see Talk Left here).  But the House shot down the "Public Corruption" Amendment to the Stock

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