Monday, September 5, 2005
In contrast to the lack of action seen last week in New Orleans, Bush acts amazing quickly in announcing that he plans to move the nomination of Roberts into the Chief's position. Robert's stand on white collar issues is relatively unknown. See here to examine some of the key decisions by Rehnquist on white collar issues.
The DOJ issued a press release here that provides an accounting of its successes in the corporate fraud arena. Since the institution of the Corporate Fraud Task Force in 2002 the government lists the following as its successes:
"-Securing over 700 corporate fraud convictions;
"-Convicting over 100 corporate CEOs and presidents with some type of corporate fraud crime in connection with close to 600 filed cases;
"-Convicting more than 80 vice-presidents;
"-Convicting more than 30 CFOs; and
"-Charging more than 1,300 defendants, including the indictment announced today [press release is dated Monday, August 29th].
"·From June 1, 2002 through June 30, 2005, more than $266 million has been collected in restitution, fines, and forfeitures from corporate fraud convictions."
The press release also lists significant cases prosecuted, but fails to include the case presented against Richard Scrushy that ended in not guilty verdicts or the Arthur Andersen conviction that was reversed by the United States Supreme Court.
Looks like the U.S. is not the only country looking at what is happening at DaimlerChrysler.
Reported here and here were posts discussing possible bribes that might have a connection to the Mercedes division of DaimlerChrysler. The investigation was looking at possible violations of the Foreign Corrupt Practices Act.
According to the Wall Street Jrl here, Germany now has entered with their own investigation of DaimlerChrysler, this time for possible insider trading. Interestingly, the German approach was to search the offices of several top officials. Although searches are routinely conducted in the United States, in white collar cases it is more common to use subpoenas in the corporate sector. White collar investigations, however, have involved searches in everything from environmental, health care to investigations of attorneys.
Sunday, September 4, 2005
LexisNexis to Provide Free Books to Displaced New Orleans Law Students
LexisNexis' Law School Publishing group has implemented a plan to respond to the needs of law school students displaced by Hurricane Katrina. LexisNexis will provide free coursebooks to all displaced students enrolled in a law school class that requires a LexisNexis coursebook. LexisNexis will also provide free copies of relevant titles from our Understanding Series and our Q & A Series to all displaced students enrolled in a law school class that corresponds to a title in our Understanding and Q & A product lines.
To receive this assistance, an appointed school administrator (e.g., the registrar) must make this contact on behalf of the displaced student(s) who have been invited to participate in their Fall 2005 program. Requests must include:
- Students' name
- Mailing address
- Email address (if any)
- Phone number
- Home law school
- Author name & title of adopted LexisNexis coursebook
- Fall 2005 course listing (to determine relevant study aid titles to send to each student).
Please send this information to: Lisa Hughes, LexisNexis Law School Sales Operations Manager, via email at Lisa.A.Hughes@lexisnexis.com, or via fax at 518-641-6090.
(with thanks to Paul Caron and his TaxBlog here for preparing this entry)
AP reports here that President Bush has named Alice S. Fisher as head of the Criminal Division.
What is amazing here is not his appointment, as the nomination has been pending for some time (see post here) , but rather that he decided to bypass Congressional approval. The nomination had been blocked by a Senator who wanted additional time to investigate a matter that might be related to Guantanamo.
The one perhaps political hot potato in DOJ is being handled by a special prosecutor, U.S. Attorney Patrick Fitzgerald. Although Fitzgerald's office handles criminal matters that might on occasion come through the criminal division of the DOJ, in light of the circumvention of the appointment process one would think that Fisher will stay very clear of anything that might impede Fitzgerald's investigation.
Chief Justice Williams H. Rehnquist died Saturday evening. (See Linda Greenhouse's story in the New York Times here and the obituary she authored here). His opinions in the white collar area included some of the following:
The majority opinion in Neder v. United States, 527 U.S. 1 (1999), a case holding that materiality was a required element in the mail and wire fraud statutes.
The majority opinion in Braswell v. United States, 487 U.S. 99 (1988), finding that the custodian of corporate records may not "resist a subpoena for such records on the ground that the act of production would incriminate him in violation of the Fifth Amendment."
The majority opinion in Upjohn Co. v. United States, 449 U.S. 383 (1981) a landmark case on the attorney-client privilege and work product doctrine.
The majority opinion in National Organization v. Scheidler 510 U.S. 249 (1994) holding that RICO does not require and economic motive. And then later in Scheidler v. National Organization for Women, Inc. 537 U.S. 393 (2003) he authored an opinion that agreed that a district court injunction needed to be vacated because all the predicate acts forming the RICO charge were reversed.
The majority opinion in Alexander v. United States, 509 U.S. 544 (1993), remanding a forfeiture order for reconsideration of the Eighth Amendment issue in a RICO case involving the "owner of more than a dozen stores and theaters dealing in sexually explicit materials."
The majority opinion in Adamo Wrecking Co. v.United States , 434 U.S. 27 (1978), a case holding that there would be no judicial review of an "emission standard" as a part of a criminal proceeding for the violation of the Clean Air Act standard.
The majority opinion in United States v. Lopez, 514 U.S. 549 (1995), where the Court held that the Gun-Free School Zones Act exceeded Congress' Commerce Clause authority. Although not a white collar case, it has had its impact on both white collar and non-white collar cases.
The only dissent in the case of United States v. Hubbell, 530 U.S. 27 (2000).