September 24, 2010
In the News & Around the Blogosphere
Fox8 News, Frank Russo's Son Pleads Guilty to Bribery
Robert Snell, Detroit News, Howell contractor charged in scheme involving Ferguson
Laurel Brubaker Calkins, Bloomberg, Enron’s Skilling Gets Nov. 1 Hearing on Retrial Bid
John Rogers & Robert Jablon (AP), Dallas News, Abuses outlined in California city corruption scandal
Hilary Potkewitz, Crains, Elderly man receives one-year probation in UBS case
AP, Boston Herald, 41 charged with NY drug and corruption charges
Janice Burns, DailyReconrd.co.uk, Law enforcers target crooked lawyers and accountants who aid organised crime
John Pacenti, law.com, Rothstein Ponzi Victims Get in Line for Payouts
Rachel Donadio, NYTimes, Vatican Defends Bank After Seizure of $30 Million
David Hechler, Corporate Counsel (law.com), Countrywide CFO's Defense: What About the Lawyers?
Mike Scarcella, BLT Blog, Federal Judge in D.C. Backs Subpoena in Foreign Bribery Case
David Ingram, BLT Blog, Informant in Major FCPA Case Pleads Guilty
September 20, 2010
Dodd-Frank FCPA Whistleblowers: The Coming Wave
Take the FCPA, add in expansive new whistleblower protections, start employing the willful blindness doctrine with abandon, and presto! You've got a real growth industry on your hands.
The new whistleblower provisions in the Dodd-Frank Act should significantly increase federal civil and criminal fraud enforcement actions in the coming years. Whistleblowers will now be able to reap potentially huge monetary rewards for the timely reporting of corporate fraud to the SEC and CFTC, if recoveries of over a million dollars are made by those entities, the DOJ, or other regulators. Under Dodd-Frank, the pool of qualified whistleblowers has been enlarged and there is no requirement that whistleblowers file qui tam actions in order to be compensated for their information.
Expect to see exponential growth in the already burgeoning area of FCPA enforcement, fueled by new whistleblower activity. Recall that the FCPA is a creature of the securities fraud statutes, and is therefore within the SEC's purview.
All of this and more is detailed in my friend Michael E. Clark's excellent new article in the September issue of ABA Health eSource, Publicly Traded Health Care Entities at Risk from New SEC Whistleblower Incentives and Protections in Dodd-Frank Act. Clark is with Duane Morris's Houston office. As with all ABA publications, Mike's article may not be copied or disseminated, in whole or in part, in any form or by any means, or downloaded or stored in an electronic database or retrieval system, without the express written consent of the American Bar Association.
September 19, 2010
New Book - Careers in Criminal Law
Ellen C. Brotman, Careers in Criminal Law here -
"The book is organized into five different parts:
- Part I focuses on traditional criminal defense, including public defending, white collar criminal defense, big firm practice, solo practice and appellate and post conviction advocacy.
- Part II tells the stories of those who prosecute, in state court, federal court, and juvenile court.
- Part III describes the journeys of three judges in three very different venues.
- Part IV explores careers representing defendants who have been convicted as they attempt to get back on track.
- Part V presents a handful of careers in criminal law that simply defy categorization."