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Brady Again: Some Thoughts
Judge Emmet Sullivan's Order in relation to the Stevens case summarizing some of the findings of the special report by Hank Schuelke and William Shields was reported last week by my editor Ellen Podgor here and discussed in depth by my co-editor Solomon Wisenberg here. I add some thoughts on Brady violations in general. First, as
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Judge Matz Will Throw Out Lindsey-Lee FCPA Convictions Due To Government Misconduct
Maybe FCPA isn't such a slam dunk after all if you take the government to trial. Bloomberg's Businessweek has the story here. The announcement was made in open court yesterday. A written opinion is due today. The Court is apparently relying on its supervisory power, so we can expect a vigorous government appeal. The ruling covers Defendants
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Supreme Court Accepts Criminal Environmental Case – Does Apprendi Apply to Fines
The U.S. Supreme Court accepted cert in the case of Southern Union Co. v. United States. The question presented is "whether the Fifth and Sixth Amendment principles that this Court established in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny, apply to the imposition of criminal fines." Southern Union was convicted under
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Speaking Truth To Power
Here is Judge Rakoff's Order Rejecting Proposed SEC-CITIGROUP GLOBAL MARKETS INC.Settlement. Here is the New York Times story. Judge Rakoff's Order repeatedly refers to Citigroup as a "recidivist." It is difficult to believe this Order would have ever seen the light of day had the Court truly believed that a comprehensive law enforcement effort was underway to
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Stevens Report
In anticipation of the Stevens Report, check out Amanda Coyle, Alaska Dispatch, Could botched Ted Stevens prosecution prompt federal legal system reform? (esp)
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Monday Morning Rant
WSJ's Joe Palazzolo reports here this morning on lobbying efforts to weaken/clarify the FCPA. In yesterday's NYTimes, Gretchen Morgenson commented upon the movement to prevent the CFTC from bringing transparency to the swaps market. In a November 4 piece, WSJ's Michael Rapoport detailed Jon Corzine's successful July 2011 campaign, on behalf of MF Global Holdings, to block a CFTC proposal "that would have placed tighter restrictions on
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Lindsey Hearing And Probable Ruling This Tuesday
"I don't know if there was a stench that developed in this case, but there was a bad odor at times, and so the issue that I'm inviting both sides to address is…whether either through a finding of due process violations or in the exercise of my supervisory power…something akin to the whole being greater
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Happy Thanksgiving
Just wanted to take a moment to thank all the readers of the white collar crime prof blog for stopping by and reading this blog. Your readership is truly appreciated. Also wanted to especially thank co-bloggers Lawrence Goldman and Solomon Wisenberg for their wonderful entries. Happy Thanksgiving. (esp)(blogging from Atlanta)
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Some Further Thoughts On Judge Sullivan’s Order
My colleague Ellen Podgor recently commented here on Judge Emmet Sullivan's 11-21-11 ORDER in In Re SPECIAL PROCEEDINGS, the ancillary proceedings initiated by Judge Sullivan to investigate the multiple Brady violations committed by DOJ prosecutors in U.S. v. Theodore Stevens. The ensuing investigation was conducted, on Judge Sullivan's behalf, by veteran DC lawyers Hank Schuelke and William Shields, who have now issued a report
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In the News & Around the Blogosphere
DOJ Press Release, New Jersey Man Pleads Guilty in $670 Million Fraud Scheme Editorial, LATimes, Defending the Brady Rule Andrew Stern, Reuters, Former Obama fundraiser Rezko gets 10-year sentence DOJ Press Release, U.S. Pharmaceutical Company Merck Sharp & Dohme to Pay Nearly One Billion Dollars Over Promotion of Vioxx® – Merck to Pay $950 Million
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