Thursday, March 29, 2012
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
Wednesday, March 28, 2012
Ross Todd, Corproate Counsel, law.com, Good News and Bad for Gupta as Insider Trading Trial Nears
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
Monday, March 26, 2012
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.