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S.D.Texas Has A New U.S. Attorney
Houston, Texas has been home to several important criminal prosecutions. It now has a new U.S. Attorney with the appointment of Kenneth Magidson as the "22nd presidentially-appointed United States Attorney for the Southern District of Texas (SDTX)." (see here) As noted in the DOJ Press Release, this is "the seventh largest district in the nation." (esp)
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Concealment in Money Laundering Cases
The Third Circuit, in United States v. Richardson, discusses "proceeds" and "concealment" in an alleged drug money laundering case. The court finds insufficient evidence "to establish knowledge of a design to conceal" and vacated the money-laundering conviction. This case may be helpful in white collar cases involving money laundering charges. The lawyer handling this appeal was Ellen C. Brotman.
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In the News & Around the Blogosphere
Bob Van Voris & Patricia Hurtado, San Francisco Chronicle, Bloomberg News, Ex-Galleon Trader Zvi Goffer Sentenced to 10 Years in Prison Fox News, Italy G8 Corruption Case to Go to Trial Annie Sweeney, Chicago Tribune, Federal judge delays Blagojevich sentencing Forbes (AP), Sentencing postponed in Alabama gambling probe DOJ Press Release, Investment Club Manager Pleads
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FCPA In The Trenches
I get emails almost every day touting the latest FCPA seminars, webinars, panel discussions, compliance programs, and treatises. Many of these events are no doubt helpful to the white collar practitioner. But what really happens in the trenches for the few brave individuals who take the government to trial in FCPA cases? What do the final FCPA
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SEC Counsel Criticized for Conflict of Interest
One would expect that the SEC, which brings actions against individuals or corporations based on their failure to disclose a material conflict of interest to the public, would be sensitive to conflicts of interest of its own employees. Nonetheless, as a report released last week by SEC Inspector General H. David Kotz reveals, former SEC general
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Overcriminalization
In the news again – Gary Fields & John R. Emshwiller, WSJ, As Federal Crime List Grows, Threshold of Guilt Declines (esp)(w/ a hat tip to Professor Michael Finch)
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Lindsey FCPA Defendants File Reply Brief
The Lindsey Manufacturing Reply Brief was filed Sunday night by Defendants Lindsey Manufacturing Company, Keith E. Lindsey, and Steve K, Lee. This is a reply to the Government's Opposition to Defendants' Supplemental Brief in Support of Their Motion to Dismiss the Indictment With Prejudice Due to Repeated and Intentional Government Misconduct. The case is in front
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Solyndra Execs: The Best Week Possible
The Washington Post's Chris Cillizza thinks Solyndra had the worst week in Washington, because its CEO and CFO invoked the Fifth Amendment's Privilege Against Self-Incrimination in front of the House Energy and Commerce Committee. According to Cillizza, the silence of the executives "won't win them any allies in Washington." What allies? These guys already have bruises all over
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In the News & Around the Blogosphere
Rich Rosenfeld joined Mayer Brown as the co-chair of Securities Litigation and Enforcement Department here Darren Samuelson, PoliticoPro, Solyndra Execs to Take the Fifth David Ingram, BLT Blog, Embattled Solar Company Solyndra Hires McDermott Matthew Huisman, BLT Blog, Silbert: Federal Sentencing Guidelines 'Beyond Draconian' AP, Washington Post, Prosecutors ask Paris court to dismiss corruption case against former
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Kevin Ring Sentencing
Hon. Ellen Segal Huvelle issued a 42 page memorandum opinion regarding the sentencing of Kevin Ring. It was accompanied by a two page chart that includes what were the government recommendations in other related cases (here). The court notes the sharp difference in recommendationbetween the government and defense in this case – a 17 year difference. The case