Saturday, March 14, 2009

In the News and Around the Blogosphere

Conferences

ALI/ABA Confidentiality and Attorney-Client Communications, March 31 Webcast here

ABA, Recognizing and Defending Against Foreign Corrupt practices Act Violations, April 2 Webcast here

ABA, Ethics, Politics, and Public Corruption, April 3 Birmingham, Alabama here

2nd Annual Global Anti-Corruption Summit USA 2009, May 14-15, Washington, D.C. here.

(esp)

March 14, 2009 in Conferences | Permalink | Comments (0) | TrackBack (0)

Friday, March 13, 2009

Madoff- Raising the Bail Issue

The trial court sent Bernie Madoff to jail upon his entering of a guilty plea (see here).  He has now appealed to a higher court for his release pending his sentencing.  See Chad Bray, WSJ, Madoff Appeals Jailing; Thomas Zambito & Corky Siemaszko, Daily News, Bernard Madoff's lawyer Ira Sorkin appeals to spring Bernie from jail

(esp)(blogging from Cambridge, Massachusetts)

March 13, 2009 in Prosecutions | Permalink | Comments (0) | TrackBack (0)

Nacchio: A New Direction

The Tenth Circuit recently reinstated the convictions of former CEO of Qwest Communications International, Inc, Nacchio. (see here) But the decision was a close one at 5-4.  Nacchio is now presenting new evidence and asking the court to consider this new evidence and also to provide bail pending the resolution of this matter.

What is particularly fascinating here, is that normally the government is the one who obtains favorable evidence in a parallel civil proceeding and the defense may be contesting the use of this evidence in a criminal case.  This case finds a reverse scenario, in that the evidence the defense wants the court to consider was evidence obtained in a SEC deposition.  As the court typically allows the prosecution to use parallel proceeding evidence, then shouldn't it also be permitted for use by the defense?  Now there are other considerations that the court will need to consider here, such as the timing of obtaining this evidence and whether it is inconsequential or harmless evidence.  But from a fairness perspective, it would seem that if the government can use evidence from a parallel proceeding, then the defense should have the same benefit.  It may be particularly important here with the close vote on the case and new evidence that goes to an issue before the court.

Motion for a New Trial Pursuant to Federal Rule of Crim Proc 33 - Download Motion

(esp)(blogging from Cambridge, Massachusetts)

March 13, 2009 in Prosecutions | Permalink | Comments (0) | TrackBack (0)

Thursday, March 12, 2009

Madoff Pleads

There  were no surprises in Bernie Madoff entering a guilty plea today as the indications of this had been broadcast for several days. (see here and here) To read a transcript of the proceedings see here.  He admits his guilt and explains how he concealed his fraud.  He also states that "other business [his] firm engaged in, proprietary trading and market making, were legitimate, profitable, and successful in all respects.  Those businesses were managed by [his] brother and two sons." Perhaps some were surprised that he was taken immediately into custody.  In many white collar cases the accused remains free on bail while the case is pending.  Individuals have remained free in some cases after conviction while the case is pending on appeal (see here).  The applause in the courtroom upon sending Madoff to jail says it all - the victims wanted retribution and they wanted it now.

See Chad Bray & Amir Efrati, WSJ, Madoff Pleads Guilty to Massive Fraud; Diana B. Henriques & Jack Healy, Madoff Goes to Jail After Guilty Pleas to All Charges

Official documents related to the Madoff case can be accessed here and here.

(esp) (w/ thanks to Whitney Curtis)

March 12, 2009 in Fraud, Settlement | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 11, 2009

In the News and Around the Blogosphere

Tuesday, March 10, 2009

Where Did They Graduate?

Chronicle of Higher Education has a piece that names the institutions for some of what they call "disgraced alums."  To be evenhanded, they couple this with a recognition of a famous grad of the institution.  See here  (subscription required).

(esp)

March 10, 2009 in Celebrities | Permalink | Comments (0) | TrackBack (0)

Monday, March 9, 2009

New Sentencing Article

Andrew George, Alexandra Walsh, and Bridget Moore, attorneys with Baker Botts LLP, authored a new article in 9 Criminal Litigation (2009) titled "Kimbrough, White Collar Sentencing, and the New Primacy of the Sentencing Commission."  One point made in this article is that "in this new era of commission primacy, defendants may not make much headway focusing on sentencing factors available only to the wealthy, white collar offenders.  Rather, they are probably better served by highlighting factors available to all - factors like age, health, lack of criminal history, commitment to family, or community service."

It is posted here -  Download aba_crim_lit_article_cropped.pdf with permission and a thank you.

(esp)

March 9, 2009 in Scholarship | Permalink | Comments (0) | TrackBack (0)

In the News and Around the Blogosphere