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
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
November 26, 2009
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.
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
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."
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)
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?
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
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