White Collar Crime Prof Blog

Schuelke-Shields Report: Williams & Connolly Analysis

Here is the Williams & Connolly Analysis of the Schuelke-Shields Report. It is an excellent dissection, by Brendan Sullivan and Robert Cary, of the rampant prosecutorial misconduct permeating the Ted Stevens case.

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NACDL White Collar Criminal Defense College at Stetson

The inaugural NACDL White Collar Criminal Defense College at Stetson opened tonight with a standing ovation for Terri MacCarthy, who spoke about cross-examination.

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Summary of Posts on Ted Stevens Dismissal, Schuelke-Shields Report, and Responses

Brady Reform Legislation

Schuelke-Shields Report: NACDL News Release

Schuelke-Shields Report: Statement from Catherine Stevens

Schuelke-Shields Report: Executive Summary

Schuelke-Shields: The Prosecutors Respond

The Schuelke-Shields Report

Some Further Thoughts On Judge Sullivan's Order

Brady is "Hot" - Order in Stevens

Alaska Discovery Problems - The Latest

Kott Decision Matches Kohring - Prosecutors Violated Brady

The Vic Kohring Catastrophe: Some Reflections Upon Rereading the Ninth Circuit's Opinion

Holder's Statement on the Stevens Case, Commentary, & More

DOJ Moves to Dismiss the Ted Stevens Case

Additional Item Regarding the Schuelke Report on the Ted Stevens case

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Brady Reform Legislation

If one thing is clear from theSchuelke Report, legislation is needed for discovery reform. Senate Bill 2197 does exactly that.  Proposed by  Senator Lisa Mukowski (Alaska) today, along with Senators Inouye, Hutchinson, Begich and Akaka, the bill titled "Fairness in Disclosure of Evidence Act" aims - "[t]o require the attorney for the Government to disclose favorable information to the defendant in criminal prosecutions brought by the United States, and for other purposes." The Brady Supreme Court standard has been around approximately 50 years.  There also are professional responsibility rules that call for disclosure of Brady material.  But what really needs to happen to avoid another Ted Stevens case fiasco is to have this codified in federal law.   

One of the prosecutor responses to the Schuelke Report states - "Because PIN, and, in large part, the Criminal Division, inexplicably had no formal policies or procedures regarding most core investigative and prosecutorial functions ...."  Another takes issue with whether there was a Brady violation.  And several pointed fingers at others.

This bill needs to pass.

See Bill & Synopsis here on the NACDL website.

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Schuelke-Shields Report: NACDL News Release

NACDL has issued a press release detailing some of the findings in the report - see here

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Schuelke-Shields Report: Statement from Catherine Stevens

I am grateful Judge Emmet Sullivan has released Mr. Schuelke’s report. I am also deeply thankful, as was my husband, for the dedicated team at Williams & Connolly who have continued to pursue justice.

It will take me and the other members of my family a few days to review the report. I ask that you respect our privacy as we do so.

I can say that the Stevens family continues to be shocked by the depth and breadth of the government’s misconduct. Ted served our country as a pilot in World War II and as a United States Senator for over 40 years. A team of federal prosecutors denied him the Constitutional rights guaranteed to all our citizens. As a former federal and state prosecutor, I find it hard to understand the actions by those who have sworn to uphold our laws.

My husband, also a former federal prosecutor, very much wanted to read this report and the yet to be released report by the Office of Professional Responsibility. I am saddened that he is not able to do so.

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Schuelke-Shields Report: Executive Summary

For all of those who do not have time to read a 500-plus page report and the responses, here is the Schuelke-Shields Report Executive Summary.

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Schuelke-Shields: The Prosecutors Respond

In the interest of fairness, here are the responses of the federal prosecutors mentioned in the Schuelke-Shields Report. Submission of Brenda K. Morris, Submission of Edward P. Sullivan, Submission of James A. Goeke, Submission of Joseph W. Bottini, Submission of William M. Welch III, Submission on behalf of Nicholas A. Marsh. 

Mr. Goeke also submitted his own separate appendix. Here it is. James A. Goeke Appendix.

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The Schuelke-Shields Report

And here it is, the Schuelke-Shields Report--detailing the prosecutorial misconduct in the U.S.Department of Justice's Ted Stevens prosecution.

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Another Deferred Prosecution - "NYCity Payroll Project Scandal" Company

See Benjamin Weiner & Colin Moynihan, NYTimes, Company in New York City Payroll Project Scandal to Pay $500 Million

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