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The Cost of Cooperation
Is the cost of cooperation really worth it? In some instances you get a 5K1.1 motion that offers a reduction in sentence for substantial assistance. In some cases you get the benefit of arguing to the court for a lower sentence. And in some matters, it may even provide a basis for a non-prosecution. But
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Supreme Court Speaks About Willful Blindness
The Supreme Court issued an opinion in the case of Global-Tech Appliances, Inc. v. SEB S.A., a civil patent infringement case. A key issue was whether under 35 U.S.C. s 271(b), a party "must know that the induced acts constitute patent infringement." This case, however, is extremely important for the white collar practitioner and other
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In the News & Around the Blogosphere
DOJ Press Release, Vice President of Fraudulent Physical Therapy Company Pleads Guilty to Medicare Fraud Jaxon Van Derbeken, San Francisco Chronicle, S.F. police scandal widens – 26 more cases dropped Jay Weaver, Miami Herald, Four of Ponzi schemer Scott Rothstein’s colleagues charged with fraud Mike Scarcella, BLT Blog, Utah Insurance Company President Charged in Fraud Scheme
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EVA Airways Corporation Agrees to Plead Guilty
A DOJ Press Releasereports that "EVA Airways Corporation has agreed to plead guilty and to pay a $13.2 million criminal fine for its role in a conspiracy to fix prices in the air cargo industry." The press release states that "[u]nder the plea agreement, which is subject to court approval, EVA has agreed to cooperate
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In the News & Around the Blogosphere
Mike Baker, AJC (AP), AP source: Edwards could be indicted within days Houston Business Chronicle, Attorney Hardin on the case for PHA investigation Tony Mauro, BLT Blog, Former AG Gonzales 'Disappointed' in His Own Conduct in DOJ Hiring Peter Blumberg, Fred Strasser, San Francisco Chronicle (Bloomberg), Rajaratnam Lawyers Ask Judge to Void Jury's Guilty Verdicts Glen
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Government Response in Weyhrauch Hyde Act Case
The Weyhrauch case has had a long journey – but it is not over yet. It went to the Supreme Court, along with Jeff Skilling's case. (see here). Bruce Weyhrauch came back and plead to a misdemeanor in state court – not federal court. He then filed a Hyde Act Amendment motion to recover his attorney fees. The
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Mixed Verdict in Alleged Tax Fraud Scheme
The DOJ Press Release is titled, Jenkens & Gilchrist Attorneys, Former BDO Seidman CEO and Deutsche Bank Broker Found Guilty in New York of Multi-Billion Dollar Criminal Tax Fraud Scheme – Massive, 10 Year Criminal Scheme Generated More Than $7 Billion Dollars of Fraudulent Tax Losses The Press Release states in part: "NEW YORK –
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White Collar Prosecutions Are Up
According to TRAC the February 2011 statistics show an increase of 50.3% increase in white collar prosecutions from the prior month. (see here) More interesting is that white collar prosecutions are reported as being up 23.5 from levels reported in 2006. What is particularly good to see is that "aggravated identity theft" is the leading
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In the News & Around the Blogosphere
DOJ Press Release, New Jersey UBS Client Sentenced for Failing to Report More Than $1 Million in Swiss Bank Account (given 3 years probation and 12 months home confinement) Azam Ahmed, Dealbook, NYTimes, Another Guilty Plea to Insider Trading Is Disclosed Covington & Burling LLP E-Alert, Rockwell Automation Settles with SEC Over Payments by Former
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President Obama Grants Eight Pardons
It is good to see that President Obama is using his pardon powers, granting eight pardons this past week. (See Press Release here) Clearly more pardons would have been better as there are many suffering from the collateral consequences of a conviction that should not have happened. Likewise, there are many that have significantly reformed their lives and are
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