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In the News & Around the Blogosphere
Audra D.S. Burch, Miami Herald, Medical licenses targeted in pill mill crackdown Zoe Tillman, BLT Blog, FCPA Attorneys Gear up for Round Two in Gabon Bribery Case Peter Henning, Dealbook, How Serious a Crime Is Insider Trading? Markus Funk & Assad H. Clark, The SEC Releases Whistleblower Bounty Rules – So Now What? Chad Bray,
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Third Circuit Allows Judicial Immunity Grant for Defense Witness
There are certain imbalances in the trial of a criminal case. Some favor the defense – most obviously, that the prosecution must prove guilt beyond a reasonable doubt, not merely by a preponderance of the evidence. Some favor the prosecution – such as the ability to force witnesses to testify by grant of immunity, an
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DA’s Position in Strauss-Kahn Should Stir ABA
The New York County District Attorney’s Office, in moving to dismiss the case against Dominique Strauss-Kahn, attempted to seize the high ground. Rather than merely stating that it could not prove the defendant guilty beyond a reasonable doubt, as it invariably does in motions to dismiss and as its motion persuasively demonstrates, the prosecution justified
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Norris Amicus Brief Filed
The National Association of Criminal Defense Lawyers (NACDL) filed an amicus brief in the Ian Norris case – Download Norris v United States (11-91) Brief of NACDL as Amicus Curiae in Support of Petitioner_FINAL It highlights some of the important issues in this case. (for background see here). It brings out important issues such as:
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Eleventh Circuit – Mortgage Fraud Judgment Vacated and Remanded for Re-Sentencing
In United Staets v. Singletary, the Eleventh Circuit looked at issues of loss amount in a mortgage fraud decision. The Federal Defender's Office for the Middle District of Florida (with special thanks to Steven Kruer, chief paralegal) writes: "Anyone with a mortgage fraud case presenting issues of loss amount or restitution payable should read this
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Petition for Cert Filed by CEO Ian Norris
The Norris case provides an opportunity to consider the role of corporate counsel in dealing with a CEO, in addition to resolving a circuit split with the witness-tampering statute – 18 USC 1512(b). The defense raises the issue as to "whether a person 'corruptly persuades' another in violation of the statute by persuading him or her to decline to
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Eleventh Circuit Affirms Convictions in Grade Changing Scheme
For many, this week starts the first week of classes. So it seems appropriate to remind everyone that hi-tech grade changing schemes can land students with criminal convictions and prison time. The Eleventh Circuit upheld the conviction and sentence of an undergraduate student at Florida A & M University (FAMU) who had received a sentence of
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Post-Skilling Government Approach – Depends on the Case
In Skilling, the Court limited section 1346 to bribes and kickbacks. But this decision has left courts with several unresolved issues. The Stinn case raises an important issue, and the briefs highlight an interesting position being taken by the government. The defense files a 2255 motion in Stinn saying that Skilling applies and the conviction should
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Last Call – Sept. 1 Deadline – Call for Roundtable Workshop Submissions: Reducing Reliance on Incarceration
Call for Roundtable Workshop Submissions: Reducing Reliance on Incarceration On Oct. 27-28, 2011, the ABA and the AALS will present a joint conference, Reducing Reliance on Incarceration, at the Liaison Capitol Hill Hotel in Washington, D.C. The first event of the conference, on the afternoon of Thursday Oct. 27th, is a workshop for scholarly papers
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In the News & Around the Blogosphere
Reuters, U.S. investigating S&P over mortgages – report Matthew Huisman, David Ingram, & Zoe Tillman, BLT Blog, Abbe Lowell Joins John Edwards' Legal Defense Team As Skadden Withdraws Zoe Tillman, BLT Blog, Prosecutors: Clemens Seeking 'Unwarranted Windfall' from Trial Error Peter Lattman, NYTimes, Lawyer Tied to Galleon Case Gets 3 Years in Prison Jie Jenny Zou,
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