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More Discovery Issues – Petition for Cert Filed in Brown Case Looks at Brady
The cert petition in James A. Brown v. United States (11-783) raises interesting questions regarding Brady. Brown, a former Merrill Lynch executive "was convicted of perjury and obstruction of justice for his testimony before the Enron grand jury about a transaction between Merrill and Enron in late 1999." This case was part of the "Enron
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Funk and Minder’s Bloomberg Article Serves Up Comprehensive Defense of Incremental, Common Sense FCPA Reform
ABA Global Anti-Corruption Task Force Co-Chair T. Markus Funk and his Perkins Coie colleague M. Bridget Minder just authored "Bribery of Foreign Officials: The FCPA in 2011 and Beyond: Is Targeted FCPA Reform Really the “Wrong Thing at the Wrong Time”? in the Bloomberg Law Reports. This in-depth (6,000+ word) piece summarizes 2011 enforcement trends,
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New Article – Big Law’s Sixth Amendment: The Rise of Corporate White-Collar Practices in Large U.S. Law Firms
Check out Charles D. Weisselberg and Su Li's article available on SSRN here. Abstract: Over the last three decades, corporate white-collar criminal defense and investigations practices have become established within the nation’s largest law firms. It did not used to be this way. White-collar work was not considered a legal specialty. And, historically, lawyers in
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Inside Trader Brownstein Receives 366-Day Sentence
Former Denver hedge-fund operator Drew "Bo" Brownstein, about whose case we wrote (see here), was sentenced Wednesday to a prison term of one year and one day following his plea of guilty to insider trading charges. Brownstein had received confidential information from his friend Drew Peterson concerning a pending purchase of Mariner Energy by Apache
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In the News & Around the Blogosphere
AP, NYTimes, Michigan: Ex-Congressman Gets One-Year Sentence (w/ a hat tip to Ivan Dominguez) Susan Pulliam, WSJ, Galleon Prosecutor to Leave for Dechert Peter Lattman, NYTimes, Ex-Fund Manager Gets Prison Term in Insider Trading Case FCPA Professor, The Year That Was Danielle Ulman, The Daily Record, Curlett, Levin join forces to form firm specializing in criminal defense
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In the News & Around the Blogosphere
Lynnley Browning, Reuters, US moves toward legal action against Swiss bank-sources Sue Reisinger, Corporate Counsel, law.com, DOJ and SEC Use of Deferred and Non-prosecution Agreements in 2011 Robbie Brown, NYTimes, North Carolina: Edwards Legal Team Asks for Delay (hat tip to Ivan Dominguez) DOJ Press Release, GE Funding Capital Market Services Inc. Admits to Anticompetitive Conduct
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False Claims Act – Qui Tam Law
Check out A. Brian Albritton's, False Claims Act & Qui Tam Law Blog – Recent news and cases concerning the False Claims Act, Qui Tams, whistleblowers, and other related collateral proceedings. (esp)
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“Highly Complex Fraud Case” Has Judgment Vacated and Remanded
The Second Circuit Court of Appeals vacated the judgment and remanded a white collar case (United States v. Collins) saying that "the trial court committed prejudicial error when it failed to disclose the contents of a jury note and engaged in an ex parte colloquy with a juror accused of attempting to barter his vote." The
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SEC Ends Orwellian Policy
Stop the presses. Hold the back page. Saturday's New York Times reports here on the SEC's decision to end its "does not admit or deny" policy, but only for SEC civil defendants who are also pleading guilty to criminal charges or admitting wrongdoing as part of a deferred criminal adjudication. In other words, the policy is similar in
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Yesterday In Fraud
A 5th Circuit panel (including Chief Judge Edith Jones!) unanimously reversed two Section 1956 money laundering convictions based on insufficient evidence. The case is U.S. v. Harris (5th Cir. 2012) (Section 1956 money laundering evidence insufficient). The reasoning? The government conflated the underlying crime with the separate crime of money laundering. The proven transactions were
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