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February 12, 2010

Vrdolyak Files Petition for En Banc Hearing

Hon Posner (7th Circuit) recently authored a majority opinion that reversed and remanded the district court's sentencing of Former Chicago Alderman Eddie Vrdolyak  (see here).  It was a 2-1 decision. But whether this opinion will be the final 7th Circuit decision remains to be seen, as Vrdolyak has filed a Petition for Rehearing En Banc. The Petition includes arguments such as a claim that the "panel majority decided the case based on issues and arguments not raised in the appeal." This petition presents an interesting discussion on the deference that should be given to trial judges when it comes to sentencing.

Petition for Rehearing With Request for Hearing En Banc -Download ERVPetReh2

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February 12, 2010 in Judicial Opinions, Sentencing | Permalink | Comments (0) | TrackBack

Another Backdating Case Bites the Dust

United States District Judge Jean C. Hamilton today dismissed an options backdating case brought by the SEC, "finding that the SEC had presented no evidence to support the complaint." Attorneys representing Mike Shanahan Jr. were Stuart L.Gasner (Keker & Van Nest) and James Martin (Armstrong Teasdale).

See also Robert Patrick, St. Louis Post-Dispatch, Judge Tosses SEC Suit Against Shanahan

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February 12, 2010 in Judicial Opinions, SEC | Permalink | Comments (0) | TrackBack

February 7, 2010

In the News & Around the Blogosphere

DOJ Press Release, Two New Jersey Executives Each Sentenced to 27 Months in Jail for Roles in Nationwide Scheme to Defraud the Federal E-Rate Program

Celestine Bohlen, Bloomberg, German Bounty Tears Veil Off Swiss Secrecy:

Edmund H. Mahony, Hartford Courant, Obama Nominates Fein For Connecticut's U.S. Attorney 

Kim Dixon, Reuters, UBS client pleads guilty to hiding funds

Karen Freifeld & David Scheer, Bloomberg, Ken Lewis, Bank of America Sued by Cuomo for Fraud Over Merrill

Mike Robinson, KSRO 1350 (AP), Blagojevich charged in fresh corruption indictment

Grant McCool, Reuters,Galleon fight on wiretaps grows amid new pleas

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February 7, 2010 in News | Permalink | Comments (0) | TrackBack