December 29, 2005
2005 White Collar Crime Awards
In the finest end-of-the-year tradition of various media outlets, we have decided to honor individuals and organizations for their work this year in the white collar crime arena by bestowing "The Collar" on those who deserve our praise, scorn, acknowledgment, blessing, curse, or whatever else you can think of that would be appropriate. Comments are open if any readers would like to suggest additional categories or winners (or losers?), remembering to keep any offerings reasonably mature and somewhat well-meaning, at least to the extent ours meet those criteria (and do not open us up to a libel suit).
With the appropriate fanfare, we present The Collars for 2005:
The Collar for Best Parent goes to Bill Olis for all his work on behalf of his son Jamie.
The Collar for Best Suspense goes to the 2nd Circuit for sitting on both the Martha Stewart and Frank Quattrone appeals.
The Collar for the Government's Biggest Bust goes to Martha for getting busted for attending a yoga class without permission, resulting in having to spend an extra three weeks wearing an ankle bracelet.
The Collar for Put Me In The Headline goes to -- who else -- Eliot Spitzer.
The Collar for Not Beating a Dead Horse goes to the DOJ group that decided not to re-prosecute Arthur Andersen after the Supreme Court ruling.
The Collar for Best Public Appearance by an Accused was a tie this year, going to Richard Scrushy, who was found not guilty despite not testifying, and Ken Lay, who set forth his defense in a public speech barely a month before trial.
The Collar for Best Cooking the Books goes to the DOJ for failing to include corruption cases in its reporting of white collar crimes.
The Collar for Best Singing by a Cooperating CFO goes to Scott Sullivan for his performance at the trial of former WorldCom CEO Bernie Ebbers (easily beating out the Five Guilty CFOs of HealthSouth).
The Collar for Ruining a Reputation Through Bribery goes to former Rep. Randy (Duke) Cunningham, a Viet-Nam ace pilot and eight-term Congressman who traded it all in for a few hundred thousand dollars and some cheesy antique furniture.
The Collar for Worst Affidavits goes to Morgan Stanley for submitting questionable affidavits about producing e-mails that cost the firm $850 million in punitive damages.
The Collar for the Best United Front That Is Not a Conspiracy goes to all the groups that aligned together to try and convince the government that the attorney-client privilege really is important.
(ph & esp)
November 24, 2005
Amidst all the talk of investigations, indictments, convictions and acquittals, sentencings, and the like, it's easy to forget how much we have to be thankful for. In the past year of doing this blog, we've met lots of new people and formed cyber-friendships with readers and bloggers. For what it's worth, here are a few sites that are always worthwhile visiting (in no particular order) even if you don't always agree with the posts:
- Sentencing Law & Policy
- Crime and Federalism
- Securities Litigation Watch
- Houston's Clear Thinkers
- Legal Ethics Forum
- Is That Legal?
Of course, we have to thank our beloved leader -- and emerging media star -- Paul Caron, and the true power behind the throne, Joe Hodnicki, who keep the whole Law Professor Blogs network running and expanding on the way to world domination.
Have a safe and happy Thanksgiving!
ph & esp
November 01, 2005
Happy Birthday Blog
This blog started on November 1, 2004, and today marks our first birthday. We thank all of our readers, and hope that you will continue to write us, read us, and send us bloggable information.
(esp) & (ph)
August 21, 2005
An article from the San Jose Mercury News entitled "Bucks for Blogs" (here) caught my eye, especially this opening paragraph: "When it comes to blogging, big corporations are turning to twentysomething mavericks for advice. If they can't lick them, they may have to join them." How about the 40+ mavericks who are members of Paul Caron's Empire of Blogs? (ph)
June 27, 2005
Changing Strategies in White Collar Cases
The spate of high profile white collar crime trials over the past 18 months (or so) -- kicking off with Martha Stewart and Frank Quattrone through the jury deliberations about the fate of Richard Scrushy and leading up to the anticipated blockbuster Enron conspiracy trial of former CEOs Ken Lay and Jeffrey Skilling -- is triggering a reassessment of some of the so-called conventional wisdom in criminal prosecutions. An article in Business Week (here) highlights the strategies of prosecutors and defense counsel in white collar crime cases, touching on topics from indictments and plea bargains to pre-trial publicity and the decision whether to have the client testify. The author is even kind enough to mention this blog (I plead guilty to shameless self-promotion). (ph)
June 26, 2005
Juris Novus Featuring Blogs from the Law Professor Blogs Network
The Law Professor Blogs Network is proud to announce a collaboration with Juris Novus, one of the finest law blog aggregators online. Juris Novus will be featuring a rotating cast of blogs from our Network.
Statement from Juris Novus:
Keeping up with the blogsphere is a daunting task as new blogs come online daily. Juris Novus provides order and centralization, pulling together relevant headlines and presenting them on a single page. Law professors greatly influence the legal blogsphere. Academia demands a clear writing voice and current knowledge of legal ongoings. Successful blogging demands the same, it comes as no surprise that professors have risen to the top of the law blogsphere. In honor of those law professors who have contributed to the rich culture of the legal blogsphere, Juris Novus features a heavier balance of law professor blogs.
Juris Novus is updated three times an hour and stores headlines on a history page when you miss a day. Save time and simplify your day with Juris Novus. Thank you for making the legal blogsphere a better place!
June 09, 2005
The Corporate Compliance Prof Blog
One of the newest members of the Law Professor Blogs network is Professor Paul McGreal's Corporate Compliance Prof Blog. Paul is the Director of the Corporate Compliance Center, and is the Harry and Helen Hutchens Research Professor and Professor of Law at South Texas College of Law in Houston, TX. The blog should be of particular interest to many of the hardy band of readers of this blog because so many white collar cases involve issues related to corporate ethics and compliance. Paul describes his target audience (here):
In short, this Blog is written for anyone interested in the legal and practical issues raised by designing, implementing, and operating a corporate ethics and compliance program. This audience has many potential members:
- In-house lawyers whose responsibilities include compliance.
- In-house non-lawyers whose responsibilities include compliance.
- Outside lawyers and compliance professionals.
- Law professors and students teaching and studying subjects related to compliance.
While much of the Blog’s content will deal with legal sources and issues, the Blog will not be written solely for lawyers. My hope is that non-lawyer compliance professionals will find the content both useful and accessible.
Be sure to check it out, including an outstanding post on the Arthur Andersen prosecution that gives a thorough review of how the case unfolded (with a nice mention of the Houston Astros thrown in). (ph)
May 17, 2005
(Belated) Happy First Birthday to Sentencing Law & Policy
While Doug Berman is on top of all sentencing issues, even he missed Sentencing Law & Policy's first birthday (here), but we're even later in wishing him (it?) a Happy Birthday! SL&P is, quite simply, the best, and should not be missed for a day, lest you fall further behind on all that takes place in the world of sentencing. Rock on! (ph & esp)
May 03, 2005
Welcome to the Business Law Prof Blog
Professor Dale Oesterle from Ohio State, one of the leading corporate, M&A, and securities law professors around, has joined the LawProfs Blog network with the Business Law Prof Blog. His initial post (here) is on the recent indictment of 15 NYSE floor specialists for front-running (trading ahead of their customers to take advantage of prices) with a terrific shot across the regulators' bow: "This is fifty or so years late but whose counting?" Welcome to the wonderful world of blogging, and there is certainly no shortage of topics.
April 15, 2005
TaxProf Celebrates Its First Birthday
Paul Caron's TaxProf blog -- which he boldly proclaims has "spawned" 12 other professor blogs among other achievements -- celebrates its first birthday today (post here). Congratulations from a grateful spawnee, and many happy 1040s! (ph & esp)
April 11, 2005
LexisNexis Sponsors Law Professor Blogs Network
We are thrilled to announce that LexisNexis has agreed to sponsor all of the blogs in our Law Professor Blogs Network:
- AntitrustProf Blog (Shubha Ghosh (SUNY Buffalo))
- ContractsProf Blog (Carol Chomsky (Minnesota) & Frank Snyder (Texas-Wesleyan))
- CrimProf Blog (Jack Chin (Arizona) & Mark Godsey (Cincinnati))
- Health Law Prof Blog (Betsy Malloy (Cincinnati) & Tom Mayo (SMU))
- LaborProf Blog (Rafael Gely (Cincinnati))
- Law Librarian Blog (Joe Hodnicki (Cincinnati))
- Law School Academic Support Blog (Dennis Tonsing (Roger Williams))
- Media Law Prof Blog (Cristina Corcos (LSU))
- Sentencing Law & Policy Blog (Douglas Berman (Ohio State))
- White Collar Crime Prof Blog (Peter Henning (Wayne State) & Ellen Podgor (Georgia State))
- TaxProf Blog (Paul Caron (Cincinnati))
- Tech Law Prof Blog (Jonathan Ezor (Touro) & Michelle Zakarin (Touro))
- Wills, Trusts & Estates Prof Blog (Gerry Beyer (St. Mary's))
LexisNexis shares our vision for expanding the network into other areas of law, so please email us if you would be interested in finding out more about starting a blog as part of our network.
January 18, 2005
Please Take This Post
West Publishing Company and Foundation Press, sponsors of this blog and our Law Professor Blogs Network, have asked that we help identify our readership through this on-line survey. They (and we) would like to figure out the mix of professors, judges, lawyers, librarians, students, and others who read this blog. The survey takes less than a minute to complete. Thanks in advance for your help.
January 07, 2005
Blogs from the Academy
The co-editor of this blog, Prof. Ellen Podgor, reports the following from a session at the Association of American Law Schools annual meeting in San Francisco about blogging:
At the Association of American Law Schools (AALS) annual Criminal Justice Luncheon, bloggers Jack Chin, Mark Godsey (of the CrimProf Blog), and Doug Berman (Sentencing Law and Policy blog) spoke about blogging. Discussed were the hopes that teaching blogs such as these could provide assistance to professors in staying current on cases, scholarship, and news items. Doug Berman, for example, spoke about how he started blogging as a result of trying to link and assemble items for his students. The Sentencing Blog gained national recognition when the Blakely case was decided by the Supreme Court. Professor Berman also talked about finding the vision of the blog. For example, determining how far a blogger should go to define terms and explain matters to the audience. Finding the "voice" of the blog may be something that each blog will decide on its own. One of the audience questions focused on the time spent in handling a blog. Professor Berman, for example, spends about 3-4 hours a day keeping up his blog. (esp)
The blogs are certainly different. For example, unlike the CrimProf blog, with only a couple exceptions we have not posted any graphics. For me, that's because the one time I tried to include a picture, it took me almost ten minutes to make it look right, and even then it was on the wrong side of the text. Typing is about as cutting edge as I get. Thanks for looking at the text, and any suggestions on postings or other thoughts are most welcome. (ph)
December 20, 2004
Tax Shelter Case Dismissed
An entry on the TaxProf Blog discusses the Department of Justice's decision to dismiss a civil case against xélan, Inc. that involved over 3,500 San Diego-area doctors and dentists involved in allegedly fraudulent tax shelters. After trumpeting the filing of the civil action and the entry of a TRO freezing the company's assets, the TRO was subsequently lifted and last week, with much less fanfare (i.e. none), the DoJ dismissed the civil case. Professor Caron describes the decision to dismiss the case as a "stunning reversal."