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Government Successful in Yet Another Post-Skilling Case
In United States v. Langford, the Eleventh Circuit Court of Appeals found sufficient evidence in reviewing a post-Skilling case. The court notes in this decision that "[w]e have not expressly explored at length what manner of concealment, if any, is necessary to prove honest services mail or wire fraud. However, we have said that honest
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Reversal of Award Shows Difficulty of Successful Hyde Amendment Action
As the double jeopardy decision in the Roger Clemens case, discussed in this blog previously here, here, and here, demonstrates, meaningful sanctions for prosecutorial misconduct are rarely imposed. Last week, the Eleventh Circuit, in overturning a district court order that the government reimburse approximately $600,000 in legal fees to an acquitted physician under the Hyde
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Coram Nobis & 2255 Granted in Post-Skilling Case
Coram nobis is without doubt an extraordinary remedy and one that has limited application. That said, the Eastern District of Pennsylvania granted such a petition in the case of United States v. Lynch and Campenella. The court found that "where an indictment fails to allege any criminal conduct, a petitioner is excused from the showing
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Brown Affirmed – En Banc and Rehearing Filed
The Fifth Circuit Court of Appeals affirmed the James A Brown case (U.S. v. Brown), in which a "managing director at Merrill Lynch and the head of its Strategic Asset and Lease Finance group" had been indicted in the Nigerian Barge case coming from the Enron events. The indictment was for "short-cut" offenses of perjury
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In the News & Around the Blogosphere
Blooomberg News, NYTimes, 2 in Florida Are Charged In $22 Million Ponzi Scheme Jay Weaver, Miami Herald, Appeals court throws out sanctions against Miami federal prosecutors (w/ a hat tip to Ivan Dominguez) Kyle Cheney, Boston Herald.com, Martin Weinberg signs up to lead DiMasi co-defendant appeal Josh Gerstein, Politico, Michael Mukasey pushes to alter bribery law (w/
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DOJ Meddling in Music?
Check out Eric Felton, WSJ, Guitar Frets: Environmental Enforcement Leaves Musicians in Fear Does this really deserve use of our precious tax dollars? (esp)(w/ a hat tip to Ben Podgor)
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Government Successful in Post-Skilling Case
U.S. v. Bryant is a third circuit decision where the court affirmed the convictions finding no defect in the jury instructions for honest services or bribery. The court found that the "government presented substantial evidence of a quid pro quo bribery scheme to defraud the citizens of New Jersey of Bryant's honest services, including circumstantial evidence of the
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Upcoming Conferences
NACDL, 7th Annual Defending the White Collar Case, September 22-23, 2011, NYC ABA, Foreign Corrupt Practices Act 2011, October 27-28, 2011, DC ABA, Sixth Annual National Institute on Securities Fraud, Nov. 3-4, 2011, New Orleans (esp)
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Bonds’ Obstruction Conviction Expands Prosecutorial Power
Judge Susan Illston, the presiding judge in the Barry Bonds case (United States v. Bonds, (N.D. Cal., CR 07-00732), last week upheld the single conviction in the case, for obstruction of justice before the grand jury. The jury was hung in Bonds’ favor on the other three counts accusing Bonds of perjury. Bonds gave a
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Clemens’ Reply Memo
Here is William Roger Clemens' Reply Memorandum supporting his Motion to Prohibit Retrial and Dismiss the Indictment, which was filed on Friday. Like the original defense Motion and the Government's Response, it is well written. I was surprised, however, by the defense's failure to spend more time on a particularly disingenous aspect of the Government's Response, relating to the
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