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The Prosecutor’s Duty to Investigate His Own Witness
The Seventh Circuit on June 17 issued a ruling in a drug case that appears to have general applicability to criminal cases, including white-collar cases. In United States v. Freeman, 09-cr-4043, 2011 WL 2417091 (7th Cir., June 17, 2011), the Seventh Circuit affirmed a district court’s grant of a new trial on the ground that…
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In the News & Around the Blogosphere
DOJ Press Release, Former TBW CEO Sentenced to 40 Months in Prison for Fraud Scheme; Mike Scracella, NLJ, Former mortgage company CEO sentenced to 40 months in fraud scheme George Packer, The New Yorker, A Dirty Business -New York City’s top prosecutor takes on Wall Street crime DOJ Press Release, California UBS Clients Plead Guilty…
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CALL FOR PROPOSALS / CALL FOR PAPERS
The American Bar Association, Business Law Section, Business Bankruptcy Committee, Criminal Justice Section, White Collar Crime Committee and the Golden Gate University School of Law proudly host a national dialogue about the freezing, seizing and distributing entity assets and operating the entity at the intersection of complex white collar crime prosecutions and business bankruptcy. The…
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Second Chance for Bad Guess?
The appeal of former New York State Senate majority leader Joseph L. Bruno, argued last week before the United States Court of Appeals for the Second Circuit, has raised some interesting double jeopardy issues which may or may not be addressed by the court. Bruno was convicted of honest services fraud under 18 U.S.C.…
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The Foreign Corrupt Practices Act
Guest Bloggers: Stephen Richer – Director of Outreach, Washington Legal Foundation; John Kendrick – Summer fellow, Washington Legal Foundation "The Foreign Corrupt Practices Act is a huge legal quagmire; companies don’t have a clear idea of what they can and can’t do." – Tony Alexis, Mayer Brown LLP. In 2004, the DOJ found just two…
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Latest Lauren Stevens Bombshell: Maryland U.S. Attorney Refused To Sign Indictment
Corporate Counsel's Sue Reisinger reports here that Rod Rosenstein, the universally respected U.S. Attorney for the District of Maryland, refused to sign his name on either Lauren Stevens indictment, because he did not believe that the evidence was sufficient to support a conviction. The case was prosecuted by District of Massachusetts AUSAs, but venue was found in Maryland. The…
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More Oversight At the Top – Avoiding Needless Prosecutions
Sue Reisinger at Corporate Counsel has this fascinating piece titled, Why Didn't the Maryland U.S. Attorney Sign the Lauren Stevens Indictment? But there are some additional questions that need answers. Why if a top US Attorney is not willing to sign the Indictment did senior officials at DOJ's criminal division not intercede? And if they did re-examine the…
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In the News & Around the Blogopshere
MIlton J. Valencia, Boston Globe, In appeal, DiMasi case to test high court ruling; Bob Salsberg, Seattlepi, Ex-Mass. Speaker convicted in corruption case Robert Gavin, Timesunion, Exasperated Bruno waits for appellate ruling in corruption case; Christie Smythe, law360, US Bid To Retry Ex-NY Sen. Takes Heat In 2nd Circ. DOJ Press Release, Former Colonial Bank…
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NACDL’s 1st Annual West Coast White Collar Conference, “Turning The Tables On The Government” – “From Push to Shove: Defending Against Higher Sentences,” Friday, June 17, 2011
Guest Blogger: Darin Thompson, Assistant Federal Public Defender, Office of the Federal Public Defender (Cleveland,OH) The seminar closed with a discussion of sentencing strategies. Moderated by Jeffery Robinson, the panel consisted of David Angeli, Ellen Brotman, U.S. District Court Judge Robert T. Dawson, Vito de la Cruz, and Jan Nielsen Little. Mr. de la Cruz…
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NACDL’s 1st Annual West Coast White Collar Conference, “Turning The Tables On The Government” – “Defending the Individual in FCPA Cases: Managing the Company, Dealing with the Facts,” Friday, June 17, 2011
Guest Blogger: Darin Thompson, Assistant Federal Public Defender, Office of the Federal Public Defender (Cleveland,OH) The penultimate discussion was moderated by Marc J. Rochon, who was joined by Mary Carter Andrues, Pamela R. Davis, Jeffrey H. Knox, and C.E. Rhodes. This panel dealt with a hypothetical company which had a deferred prosecution agreement with SEC/DOJ…
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