February 12, 2011
Antitrust and Title 18: How the Antitrust Division Goes Beyond the ShermanAct to Enforce Its Mission - Friday, February 11, 2011, Atlanta, Georgia - 4:00 p.m. – 5:30 p.m. - M202, Marquis Level here
The Third Annual National Institute on Internal Corporate Investigations and Forum for In-House Counsel, May 4-6, NY here
25th Annual National Institute on White Collar Crime, March 2-4-, 2011, San Diego - here
20th Annual National Seminar on the Federal Sentencing Guidelines, May 4 - 6, 2011, sponsored by The Tampa Bay Chapter of the Federal Bar Association, The National Association of Criminal Defense Lawyers, andThe Criminal Justice Section of the American Bar Association -Buena Vista Palace Hotel & Spa in Orlando, FL here
February 10, 2011
Jack Paul Leon: October 17, 1930--February 9, 2011
I am not qualified to judge the greatest criminal defense lawyer of all time. I have not had the privilege of seeing all the great ones at work. But I have seen quite a few, and can tell you that the greatest criminal defense lawyer I ever knew and saw in action was Jack Paul Leon of San Antonio. He died yesterday after a valiant struggle with pancreatic cancer. I will post an extended tribute in a few days, but for now--rest in peace Jack. In my book, you were the king.
February 9, 2011
In the News & Around the Blogosphere
DOJ Press Release, Maryland Man Convicted of Defrauding Cisco Systems Inc.
Jenna Greene, BLT Blog, Four Hedge Fund Managers Charged in 'Matchmaking' Scheme;
Christopher Drew, NYTimes, Ex-Dow Scientist Is Convicted of Selling Secrets in China (hat tip to Ivan Dominguez)
Jack Townsend, Federal Tax Crimes, Sentencing Disparities (disucssing the Thorson case)
David Gannaway, MarksPaneth & Shron Library, Mitigating Corporate Fraud Roundtable, 2010-11-30
Jeff Gottlieb, LA Times, Bell corruption hearings set to begin Monday
Mike Scarcella, BLT Blog, D.C. Prosecutors Push For Plea Deal in Scott Bloch Case
Jenna Greene, BLT Blog, SEC Appoints a New General Counsel
US Marshals Service, US Marshals to Auction Art that Belonged to Convicted Fraudster Marc Drier
February 8, 2011
Mark Hulkower - We Mourn His Passing
The White Collar Crime Blog mourns the passing of Mark Hulkower, who practiced white collar criminal law at Steptoe & Johnson. See Jeff Jeffrey, BLT Blog, Mark Hulkower, Defense Attorney for High-Profile Clients, Dies at 53; Steptoe & Johnson, In Loving Memory, Mark J. Hulkower (1957 - 2011).
February 7, 2011
Post-Skilling Conviction Overturned on Corum Nobis
Finding no bribery or kickbacks, a U.S. District Court in the Eastern District of California set aside and vacated in its entirety an honest services mail fraud conviction. See here - Download Judicial Order The Motion to Vacate this Conviction was presented via a Motion of Coram Nobis - Download Corum Nobis Petition Some will obviously claim that this is why section 1346, the honest services fraud provision, should be rewritten. Others of us will say - this is exactly why such a prosecutorial extension should not be allowed. When prosecutors have a deprivation of "money or property," even when the property is intangible property, there is ample basis for prosecuting mail and wire fraud. But to allow prosecutions premised on intangible rights, with little understanding of what constitutes intangible rights, provides prosecutors with discretion that allows them to stretch prosecutions beyond what folks would recognize to be criminal conduct. Attorney Doug A. Goss represented the accused in this case.
See also Scott Smith, Recordnet, Judge vacates conviction of ex-prosecutor
February 6, 2011
Scholarship - New Book
Lance Cole & Stanley M. Brand, Congressional Investigations and Oversight: Case Studies and Analysis, Carolina Academic Press (2011) - Carolina writes:
"This book examines the legal and policy issues surrounding congressional investigations through a series of case studies, with an emphasis on the period from the second half of the twentieth century to date. It is organized by case study topic, with each chapter using one or two case studies to introduce and analyze a discrete area of legal authorities and policy issues. The central thesis and organizing principle of this book is to highlight the importance of effective congressional oversight and investigative activities in our American democratic system of government, as well as the constitutional and parliamentary bases for this legislative power. In addition to collecting legal authorities, the book includes relevant historical information and structural analysis of government functions, with an emphasis on separation of powers issues."