Saturday, January 2, 2010

2010 - What Will We See

What's Coming this 2010?

The New Year delivers a variety of interesting cases and issues in the white collar crime field, and many unresolved issues from last year. What can we expect to see (in no particular order):   

  • A decision regarding the status of "honest services" in the fraud statutes
  • The aftermath of a decision on "honest services" may bring cases using habeas corpus and coram nobis (assuming the Court alters the government's use/misuse of this statute) - and some perhaps new sentences/non-sentences for individuals like Conrad Black, Jeff Skilling, George Ryan, Bruce Weyhrauch, and others - but a realization that all DOJ cases will not crumble (see here)
  • The government finally thinking twice about using section 1346 - honest services and proceeding instead with classic bribery/extortion/gratuities charges
  • Seeing whether the SEC is capable of redesigning itself to provide greater ability to detect Ponzi schemes
  • More TARP related indictments
  • More financial fraud indictments
  • More defense procurement scrutiny
  • UBS related cases
  • An initial ruling on the use of a wiretap in the Rajaratnam case
  • Scrutiny of discovery violations by the past DOJ in the aftermath of cases like Stevens (see also here)  
  • Many new U.S. Attorneys
  • Some deferred prosecution agreements reaching the termination points of living with government scrutiny


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