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Becker Will Not Be Prosecuted
The Justice Department has decided — properly, I believe — not to file criminal charges against former SEC general counsel David M. Becker for participating in SEC policymaking relating to the distribution of funds from the Madoff estate when he had a personal stake in the outcome, a matter we discussed over five weeks ago.
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In the News & Around the Blogosphere
Associate Attorney General Lanny A. Breuer Speaks at the 26th National Conference on the Foreign Corrupt Practices Act ("Just two weeks ago, we secured the longest prison sentence -15 years- ever imposed in an FCPA case.") Reuters, Rajaratnam ordered to pay $92.8 million in SEC case DOJ Press Release, Brooklyn, N.Y., Medicare Fraud Strike
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Prosecutors Unrestrained
Pennsylvania Attorney General Linda Kelly held a press conference yesterday concerning the sexual assault, perjury, and failure to report charges levied against current and former Penn State officials, including one-time Defensive Coordinator Jerry Sandusky. CBSNews.com has the story here. Attorney General Kelly stood at a podium. In back of her were giant posters, which showed enlarged photographs of the defendants and summarized the allegations against them.
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Honest Services and Section 666 Includes Fraud Committed by a Foreign Worker
Second Circuit – United States v. Bahel – Honest Services - Post-Skilling, courts have struggled with what gets included as bribery and kickbacks and what gets omitted from the new contours of honest services. In Bahel, the defendant was convicted of four counts of mail and wire fraud premised on a deprivation of the United
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Social Media and Securities Fraud
The Sixth Annual ABA National Institute on Securities Fraud is taking place in New Orleans, and a topic this morning was social media. Yes, social media is a compenent even of securities cases. Philip Hilder is moderating a panel of Robert B. Hirschhorn, Eric Dezenhall, Carrie Johnson, and Kara Scannell. Robert Hirschhorn noted how we
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DOJ Office Admits Error
The Department of Justice last week issued an exoneration. The falsely accused, however, was not a criminal defendant, but the DOJ itself. Specifically, the DOJ Office of the Inspector General publicly disavowed its criticism, discussed briefly here, that at a hotel conference the Department spent $16 for each breakfast muffin. Rather, the IG now admitted,
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Kevin Ring Alleged Government Sought False Testimony
A few months ago I wrote that "the widespread prosecutorial (and judicial) practice of giving favorable treatment . . . to those who cooperate with the government by informing, taping and/or testifying has had in many ways a pernicious effect on the criminal justice system, particularly in the white-collar area." See here. The case of
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Rajat Gupta Charged and Arrested for Insider Trading
Here is the Reuters story. Nothing posted yet on PACER. WSJ Law Blog also has coverage. This will be a much tougher case than Rajaratnam was for the government to prove. This morning's WSJ has a decent background piece (subscription required) on the case. (wisenberg)
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In the News & Around the Blogosphere
Nate Raymond, AmLaw Daily, Jenner's Andrew Weissmann Tapped as New FBI GC (esp)
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In the News & Around the Blogosphere
David Ingram, BLT Blog, John Edwards' Lawyer Faces Conflicts Question Mike Scarcella, BLT Blog, Ex-Lobbyist Sentenced To One Day In Jail In Corruption Case Joe Palazzolo, WSJ Law Blog, Ethics Office Clears Lead Prosecutor in Ted Stevens Trial (w/ a hat tip to Tiffany Joslyn) DOJ Press Release, Virginia Contractors Plead Guilty to Kickback Scheme DOJ