Saturday, December 11, 2010
Mike Scarcella, BLT Blog, Roger Clemens' Lawyers See Document Fight on Horizon
Liam Moloney & Salvatore Pizzo, WSJ, Parmalat Founder Receives 18-Year Prison Sentence
Pater Lattman, NYTimes Dealbook, Ex-Goldman Programmer Found Guilty of Code Theft
Jenna Greene, BLT Blog, SEC Settles Vitesse Stock Option Backdating Case
Samuel Rubenfeld, WSJ Blog, Lanny Breuer Hails US Anti-Corruption Efforts At UN Conference
Michael A. Memoli, LATimes, Senate convicts federal judge Thomas Porteous of corruption and perjury
Jonathan Weil, Bloomberg Opinion, Wall Street's Worst at Least Can Do the Math:
Jesse Eisinger, Propublica, Where Are the Financial Crisis Prosecutions?
DOJ Press Release, Justice Department Charges Seventh Individual for Allegedly Filing Fraudulent Claims for Oil Spill Compensation -Seven Defendants in Total Charged to Date in North Carolina, Texas, Mississippi, Michigan, Alabama and Louisiana
Thursday, December 9, 2010
The Ninth Circuit in U.S. v. Edwards had an unusual set of events. It seems a judge sua sponte asked the court to rehear a case en banc. The court then voted not to take the matter up, and a stinging dissent was authored by four judges - dissenting from the denial of the rehearing en banc. The issue is simple - the dissenting judges believed that the sentence was too low in this white collar case, as well as other white collar matters in the Ninth Circuit, and something needed to be done about this. To quote -
"our court's practice of uncritically affirming unreasonably lenient sentences for white-collar criminals renders the Sentencing Guidelines a nullity, makes us an outlier among the circuit courts, and impairs our ability effectively to review sentences for substantive reasonableness. Our "rubber-stamp" approach to reasonableness review permits district courts to abuse their sentencing discretion by paying lip service to appropriate sentencing considerations while paying inadequate heed to the substance of those considerations. Hence we can end up with people like Edwards who engage in fraud and other criminal activities intended to cause extremely large monetary damages, yet who spend token and inadequate time, or even not one day, in jail."
This dissent claims that the Ninth Circuit is "an outlier when contrasted with other circuits' substantive scrutiny of lenient white-collar sentences." It notes that, "[u]nless and until an en banc opinion posts an outer limit on sentencing discretion, we can expect to see more non-imprisonment sentences for serious offenses committed by repeat white-collar offenders. As a circuit we are not taking seriously the recommendations of the Sentencing Guidelines Commission in white-collar criminal matters."
(esp)(w/ a hat tip to Professor Jerold Israel)
Thanks for your patience with the slow blogging of these past couple of months. I am going through my emails and will be posting in the next couple of weeks the many items that you have been kind enough to send. Please continue to send me your news.
Wednesday, December 8, 2010
Jonathan C. Cross, law.com, RICO's Post-'Morrison' Reach: Will Other Courts Adopt the 2nd Circuit's Approach?
Margaret Colgate Love, Wash Post, Time to pardon people as well as turkeys, Mr. President
Tuesday, December 7, 2010
SNR Denton Press Release, Michelle J. Shapiro Joins SNR Denton’s White Collar Team