Monday, June 18, 2007

A Plea is a Plea

Courts, using contract law, sometimes hold a plea agreement to its strict language, despite the government trying to change the language due to an error in the agreement.  Paul Caron at taxprof blog reports that

"the U.S. District Court for the District of Columbia on Friday refused to correct the Government's botched plea agreement with telecommunications mogul Walter Anderson, who pled guilty to hiding over $365 million in income and evading over $140 million in federal income taxes during the 1990s in the largest case of individual tax fraud in history.  The Government's plea agreement failed to order Anderson to make restitution, and District Judge Paul Friedman rejected the government's request to 'correct clear error' in the agreement..."

Professor Caron provides at TaxProf blog the full details of this case and the accompanying documents.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/06/a_plea_is_a_ple.html

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