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Double Jeopardy Unlikely to Bar Clemens Retrial
Much has been written in the last few days about whether the government will be precluded on double jeopardy grounds from retrying Roger Clemens. (see here, here, here, here, and here) I think the answer is relatively clear; the government will be able to try Clemens again. (Whether they should is another matter.) The issue is
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Discovery Reform
The National Association of Criminal Defense Lawyers (NACDL) issued a news release here titled "Legislation Would Enforce Government's Duty to Disclose Favorable Information to Accused." The essense is that it calls for new legislation. The press release states: "To help ensure fairness in federal criminal proceedings, the Board of Directors of the National Association of Criminal
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In the News & Around the Blogosphere
Richard Mauer, NewsTribune, Ex-lawmaker seeks venue change for corruption retrial Reuters, Court Rules Against Agility in Fraud Case Appeal (hat tip to Stetson's Brandi Palmer) Mike Scarcella, BLT Times, Publisher Lines Up Support In Public Corruption Case Gibson Dunn Adds Former Assistant U.S. Attorney to San Francisco Office – Winston Y. Chan will join the white collar
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Roger Clemens Trial – Mistrial
Check out Juliet McCur, NYTimes Clemens Judge Declares Mistrial here; Washington Post's Del Quentin Wilber is tweeting it here; Richard Serrano, LATimes, Judge declares mistrial in Roger Clemens perjury case. Commentary to follow. And Mr. Murdoch start writing your thank you to the judge for getting you off the front page of the newspaper. (esp)
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Murdoch and the Foreign Corrupt Practices Act: A Minefield
Many are talking about whether the U.S. should investigate Murdoch's News Corp for FCPA violations. Obviously no one has a crystal ball to predict whether this will or will not happen, but one thing is for sure – lodging an investigation would be like entering a minefield. The obstacles facing prosecutors will be enormous, as they should
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The Mets Owners — “Conscious Avoiders”?
Criminal defense lawyers dread the jury instruction on "conscious avoidance" (also called "willful blindness" or "deliberate indifference"). It is given, almost always at the prosecution’s request, when the evidence of requisite knowledge is weak. It is, to defense lawyers, an invitation to the jury to convict based on recklessness, negligence, or surmise. "Conscious avoidance" is
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Skilling Reversal Triggers Double Jeopardy
The 11th Circuit remanded a case, Cabrera, premised on Skilling, vacating all counts of the conviction. But it allowed the lower court to determine whether a retrial was possible or whether the Fifth Amendment prohibited a retrial. Obviously, on remand the court prohibited the retrial as it would violate the Fifth Amendment's double jeopardy provisions. It is interesting
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KPMG Global Study Confirms: Most Fraud Perpetuated by Company Bosses
Guest Blogger – Carolyn F. McNiven (DLA Piper) Although 56 percent of fraud cases were preceded by red flags, instances where actions were taken in response to those red flags "fell massively" since 2007, according to a global KPMG survey. This is probably the most surprising and eye-opening observation in KPMG’s 2011 study, which also
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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 relating to the conference theme. Participants will present their
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Anticipatory Obstruction of Justice
If you have an obstruction case premised on section 1519, you might want to check out this article by T. Markus Funk (Perkins Coie) in NACDL's Champion Magazine. It's titled, "Honey Laundering, A Toilet Flush, and a Governor's Yahoo Account: The New Age of Anticipatory Obstruction of Justice." (esp)
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