Friday, November 27, 2009

White Collar Sentencing - In China

How much time is appropriate for a white collar criminal?  What if the crime results in death to individuals? Is it no longer a white collar crime?  In China it can mean a death sentence.  See Sharon LaFraniere, NYTimes, 2 Executed in China for Selling Tainted Milk

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November 27, 2009 in International, Sentencing | Permalink | Comments (0) | TrackBack (0)

In the News & Around the Blogosphere

Lynnley Browning, NYTimes, Ex-UBS Banker Seeks Billions for Blowing Whistle

Robert K. Gordon, The Birmingham News, U.S. attorney in Alabama's northern district: Lighter sentences send wrong message (w/ a hat tip to Ted Gest)

Mary Williams Walsh & Michael J. de la Merced, NYTimes, Greenberg and A.I.G. Settle Legal Disputes

Michael Booth, New Jersey Law Jrl, Corporation Under Criminal Probe May Ethically Retain Counsel for Employees (Note -  this article includes the New Jersey Supreme Court Opinion that examines why the Rules of Professional Conudct permit an employer to hire and pay the fees for counsel of employees) (hat tip to Bill Olis)

DOJ Press Release, Six Individuals Sentenced for Multi-Million Dollar E-Mail Stock Fraud Scheme (sentences were 51 months, 35 months,18 months, 2 individuals received - 12 months + 1 day, one day - with other aspects to each of these sentences)  

Jay Weaver, Miami Herald, Feds drop money-laundering case against Miami lawyer Ben Kuehne

Brian Baxter, American Lawyer, law.com, Galleon Founder Accused of Insider Trading Blasts Wiretap Use

Doug Berman, Sentencing Law & Poilicy Blog, Justified complaints that Obama's first pardon will be of a turkey

WSJ (AP), Swiss Notify UBS Clients

David A. Kaplan, CNN Money - Fortune, Why Kozlowski should get clemency

Nathan Koppel, WSJ, Roman Polanski Wins Bail

Martha Neil, ABA Jrl Law News Now, Too Embarrassed to Make Layoffs, Lawyer Stole $9.3M, Gets 7 Years

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November 27, 2009 in News | Permalink | Comments (1) | TrackBack (0)

Thursday, November 26, 2009

Happy Thanksgiving

Wishing everyone a Happy Thanksgiving.  A special Happy Thanksgiving to Jamie Olis, who will now be able to spend Thanksgiving at home with his family.  And a special Thanksgiving to Ben Kuehne and his incredible legal team (see here).  And yes, a special Thanksgiving to AG Eric Holder and the new DOJ, for moving DOJ into a department that focuses on justice. 

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November 26, 2009 in News, Prosecutors | Permalink | Comments (1) | TrackBack (0)

Wednesday, November 25, 2009

Happy Thanksgiving - Ben Kuehne

The government dismissed Ben Kuehne's case today. For background on this case see here, here, and here. Congratulations to Attorney Ben Kuehne and to his counsel Jane Moscowitz and John Nields.  The Government's motion states in part:

"This motion is based upon the totality of the circumstances surrounding this matter, including the changed circumstances occasioned by the affirmance of this Court's dismissal of Count One of the Third Superseding Indictment. The Government believes that dismissal is in the interests of justice."

Motion - Download Kuehne dismissal order

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November 25, 2009 in Defense Counsel | Permalink | Comments (1) | TrackBack (0)

Monday, November 23, 2009

Change The Discovery Rules

The letter below was written in April 2009, but it surfaced for me this past week - -  It's a letter from Hon. Emmet G. Sullivan to Hon. Richard C. Tillman, chair of the Judicial Conference Advisory Committee on the Rules of Criminal Procedure.  It's a powerful letter that states:

"I write to urge the Advisory Committee on the Rules of Criminal Procedure (the "Rules Committee") to once again propose an amendment to Federal Rule of Criminal Procedure 16 requiring the disclosure of all exculpatory information to the defense."

 Letter -Download Exhibit B - Judge Sullivan Letter

Although the Stevens case was dismissed by AG Holder, and one should applaud him for this move, discovery violations need to have a legal basis for rectifying the wrong (after all, we may not have AG Holder in perpetuity).   As stated by  Hon. Sullivan:

"A federal rule of criminal procedure requiring all exculpatory evidence to be produced to the defense would eliminate the need to rely on a 'prudent prosecutor' deciding to 'err on the side of transparency, ..., and would go a long way towards furthering 'the search for the truth in criminal trials' and ensuring that 'justice shall be done.'" (citations omitted)

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November 23, 2009 in Investigations, Prosecutors | Permalink | Comments (0) | TrackBack (0)

Sunday, November 22, 2009

In the News & Around the Blogosphere

Dan Levine, The Recorder, law.com, Guilty Verdict for McKesson Chairman, but GC Acquitted

Ben Hallman, AmLaw Litigation, law.com,After Three-Year Deferred Prosecution, DOJ Dismisses Charges Against First Foreign FCPA Target ; FCPA Blog, Giving Thanks Once Again; DOJ Press Release, Statoil ASA Satisfies Obligations Under Deferred Prosecution Agreement and Foreign Bribery Charges Are Dismissed

Nicholas Confessore, NYTimes, Bruno Won’t Take Stand at His Corruption Trial

BLT Blog, McInerney Called 'Coup' for DOJ for Fraud Prosecution; McInerney's bio - here 

Cheryl Miller, The Recorder, law.com, Former Law Firm Manager Gets 41 Months for Embezzling $1.3 Million

Andrew Ramonas, Main Justice, Florida Senator Weighs in On Nominees for U.S. Attorney

Rothstein Consents to Disbarment, see here

Jack Townsend, Federal Tax Crimes, Is the Criminal Statute of Limitations Suspended under the Wartime Suspension Act?

DOJ Press Release, Former NFL Player Sentenced to Nearly Five Years in Fraud Scheme that Cost Victims Over $5 Million

DOJ Press Release, Former Executive at Colorado Home Building Company Admits Role in $16 Million 'Builder Bailout' Scheme

Mike Scarcella, BLT Blog,DOJ: $2.4 Billion Recovered from False Claims Act Cases; DOJ Press Release, Justice Department Recovers $2.4 Billion in False Claims Cases in Fiscal Year 2009; More Than $24 Billion Since 1986

DOJ Press Release, Occupational Therapist and Patient Recruiter Plead Guilty in Detroit-Based Medicare Fraud Schemes

DOJ Press Release, New Jersey Hospital to Pay $3 Million to Resolve Allegations of Medicare Fraud

DOJ Press Release, Former Willbros International Consultant Pleads Guilty to $6 Million Foreign Bribery Scheme

Curt Anderson, AP, IRS settles with 14,700 over foreign accounts

 DOJ Press Release, Connecticut Investor Frederic Bourke Sentenced to Prison for Scheme to Bribe Government Officials in Azerbaijan

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November 22, 2009 in News | Permalink | Comments (0) | TrackBack (0)