December 18, 2009
In the News & Around the Blogosphere
Justin Blum, Bloomberg, Prosecution Drop May Embolden Bankruptcy Fraud as Filings Surge
Dan Levine, The Recorder, law.com, Feds Want Former McKesson HBOC Chairman Taken Into Custody
Michael Pollick, HeraldTribune.com, Grand jury indicts 3 on Sarasota-based Ponzi charges -Currency trader Beau Diamond
December 16, 2009
In the News & Around the Blogosphere
Lyle Denniston, Scotus Blog, Two Argument Changes Set - Skilling Case Moved Up to March 1
David Ingram, BLT Blog, Former Office Manager in U.S. Senate Indicted
Press Release, Department of Treasury, U.S. Treasury Department Announces Joint $536 Million Settlement with Credit Suisse AG
Brad Heath, USA Today, Fraud Prosecutions Fell as Crisis Loomed
Larry Ribstein, Ideoblog, The real backdating scandal
Ray Rivera, NYTimes, Ex-Councilman Miguel Martinez Sentenced to 5 Years in Theft of $106,000
Tom Hays, law.com (AP), Billionaire Hedge Fund Manager Indicted in Insider Trading Case; DOJ Press Release, Hedge Fund Manager and New Castle, LLC, Employee Indicted in Galleon Insider Trading Case
Mike Koehler, FCPA Professor, Siemens...The Year After
Erik Larson, Bloomberg, SEC Seeks Dismissal of Madoff Victims Negligence Suit
December 15, 2009
Government Misconduct Results in Dismissal of Backdating Case
It is rare that a judge uses supervisory powers to correct an injustice, but sometimes it is the right action - especially when there has been government misconduct. The Hon. Cormac J. Carney used his supervisory powers to dismiss the case against former Broadcom's Henry Nicholas III, and former CFO William Ruehle, stating:
"Based on the complete record now before me, I find that the Government has intimated and improperly influenced the three witnesses critical to Mr. Ruehle's defense. The cumulative effect of that misconduct has distorted the truth-finding process and compromised the integrity of the trial."
The court noted how the government had intimated three witnesses. He includes how the government improperly leaked items to the press, put a witness through "30 grueling interrogations," pressured the company to terminate the employment of this witness, and obtained a plea from a witness for crimes he did not commit - and there were more improprieties noted by the court. The court ends with the words from the Supreme Court decision in Berger, and then states: "I sincerely regret that the government did not heed the righteous words of the Supreme Court."
Court's Order -Download RUEHLE_DEC__15
(esp)(blogging from Atlanta)
Jenia Turner - New Book on Plea Bargaining
Jenia Turner, Southern Methodist University Dedman Law School, has a new book titled, Plea Bargaining Across the Borders. It provides a "comparative, transnational, and global analysis" on plea bargaining.
December 13, 2009
SEALS - CALL FOR PAPERS
SEALS Call for Papers
Law Professors - The Southeastern Association of Law Schools (SEALS) has a call for papers -
CALL FOR PAPERS
A roundtable discussion will be held at SEALS 2010 on "Re-evaluating Corporate Criminal Liability."
Among the questions that deserve focus in this area are the following:
- Should we discard corporate criminal liability?
- Should we expand corporate criminal liability?
- Should we modify the ALI standard for corporate criminal liability?
- Can tort actions properly accommodate corporate misconduct?
- Is corporate regulation sufficient to handle corporate misconduct?
Participants will prepare a paper of approximately ten pages related to this topic, and the papers will be distributed prior to SEALS 2010. At SEALS, each of the participants will be given a few minutes to summarize their paper, which will be followed by a moderated discussion on the topic.
Two of the participants in this roundtable will be selected from a Call for Papers that will be reviewed by Professor Joan Heminway (Tennessee), Professor Andrew Taslitz (Howard), and Professor Ellen S. Podgor (Stetson).
Papers must be received by January 1st to be considered for this Roundtable. You are welcome to submit an abstract by this deadline, but papers are more likely to be given stronger consideration. Submit all papers to Ellen S. Podgor at email@example.com