White Collar Crime Prof Blog

In the News & Around the Blogosphere

Neil Gough, NYTimes, Billionaire Brothers Arrested in Hong Kong Corruption Inquiry

Mike Scarcella, BLT Blog, For Three Businessmen Who Pleaded Guilty In A Foreign Bribery Case, A Reprieve

Michael Braga, Herald Tribune, Flipping trial witness counters prosecution's case (w/ a hat tip to Linda Friedman Ramirez)

Benjamin Weiser, NYTimes, Ex-Councilwoman and Admirer Are Found Guilty in Yonkers Case

AP, SanLuisObispo.com, Ex-baseball pitcher agrees to plea deal

Jonathan Stempel, Reuters, Ex-Goldman director Gupta loses wiretap ruling

DOJ Press Release, Third Medical Device Company Resolves Foreign Corrupt Practices Act Investigation Indiana-Based Biomet Inc. Agrees to Pay $17.2 Million for Bribes in Latin America and China (w/ a hat tip Covington & Burling)

John R. Emshwiller & Gary Fields, WSJ, Prosecutors Are Rarely Punished Over Disclosure

Stuart P. Green, NYTimes - Opinion Pages, When Stealing Isn’t Stealing

Mike Scarcella, BLT Blog, Tab For The Ted Stevens Misconduct Report: $981,842

David Voreacos & Janelle Lawrence, Bloomberg, Health Care Prosecution Losses Mar U.S. Marketing Probe

P.J. Huffstutter, Reuters, SK Foods founder pleads guilty in fraud case

(esp)

In the News & Around the Blogosphere

Ross Todd, Corproate Counsel, law.com, Good News and Bad for Gupta as Insider Trading Trial Nears

Weil News, Chief of the Securities & Commodities Fraud Task Force at the USAO-SDNY to Join Weil

John R. Emshwilller & Gary Fields, Wall St Jrl, Evidence Rules Put on Trial -Bill Would Set National Standard for What Prosecutors Must Share With Defense

DOJ Press Release, Mississippi Pharmaceutical Firm and CEO to Pay $2.8 Million to Resolve Allegations of Illegal Marketing of Unapproved Drugs

DOJ Press Release, Lockheed Martin Corporation Reaches $15.85 Million Settlement with U.S. to Resolve False Claims Act Allegations

DOJ Press Release, Former Arizona State Representative Pleads Guilty to Wire Fraud and Tax Evasion Related to the Misuse of More Than $140,000 in Charity Funds

DOJ Press Release, Bizjet International Sales and Support Inc., Resolves Foreign Corrupt Practices Act Investigation and Agrees to Pay $11.8 Million Criminal Penalty

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Schuelke-Shields Report: We Hold These Truths To Be Self-Evident

1. Compost flows downhill.

2. I'd rather be a hammer than a nail. I'd rather be a supervisor than a line assistant.

3. If I am an experienced prosecutor and supervisor and agree to take over and lead the prosecution team a few days prior to the Indictment, I need to lead that team and take responsibility for my actions and the team's actions.

4. If I am prosecuting a white collar case involving hundreds of FBI 302s and I don't hand them over to the defense before trial, I am virtually guaranteeing Brady error.

5. If I am prosecuting a white collar case involving hundreds of FBI 302s and I don't hand them over to the defense before trial AND I am going up against a United States Senator who is represented by a highly skilled law firm known for its tenacious tactics, I am a fool. I deserve what I get. But the people who work for me don't necessarily deserve what they get.

6. If I prosecute a sitting U.S. Senator in July, knowing that he is up for re-election in November and assuming that he will seek a speedy trial, I better have my discovery, especially my Brady discovery, ready to hand over on the day of the Indictment.

7. If my case has hundreds of 302s, it is likely that some of the agent's interview notes will contain material inconsistent with, or not referenced in, the 302s

8. If four prosecutors and one case agent interview the key prosecution witness three months before Indictment, and the interview goes poorly, AND no 302 is generated, people aren't going to think well of them. This is especially true if the FBI Special Agent later admits that no 302 was written because, "the debriefing...did not go well," and the prosecutors completely forget about the interview and the Brady information gleaned during it.

9. If I discover Brady information, it does not magically lose its character as Brady material because I decide to investigate further and develop contrary information.

(wisenberg)