Monday, October 6, 2014
Rob Cary's book, "Not Guilty: The Unlawful Prosecution of U.S. Senator Ted Stevens" is a wonderful read and reminder of what needs to be corrected in our criminal justice system. Discovery in a criminal case is incredibly important, and this book emphasizes its importance in the criminal justice system and to society. In white collar document driven cases, the amount of paperwork can be overwhelming. It becomes important to not merely provide discovery to defense counsel, but also that it be given in an organized manner. Dumping documents on defense counsel is not enough. And failing to provide crucial documents, witnesses, and evidence is even more problematic. More needs to be done to correct discovery injustices in society and hopefully this book can serve as the momentum and real-life story to make it happen.
Monday, November 11, 2013
Sunday, October 2, 2011
Professors Jim Finckenauer and Stuart Green have created a free website titled, Criminal Law and Criminal Justice Books. It is aimed to feature "high-quality, timely, and concise on-line reviews of important and interesting new books in criminal law, criminal procedure, and criminal justice." It is here.
Friday, September 9, 2011
"O’Connor’s Federal Criminal Rules & Codes 2011 is the only codebook with annotated Federal Rules of Criminal Procedure and Federal Rules of Evidence. The book also includes other federal rules, Title 18 U.S.C., and selections from many other U.S.C. titles that provide for offenses or relate to criminal procedure."
The author list on this book is truly incredible.
Wednesday, September 7, 2011
Robert M. Cary, Craig D. Singer, and Simon A. Latcovich, all of Williams & Connolly, have a new book titled, Federal Criminal Discovery. It is published by the ABA and can be found here. The ABA website states:
Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prosecutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery, and by covering the existing law fairly while examining both sides of the issues.
Specific topics include:
- Defendant's constitutional right to obtain exculpatory evidence under Brady v. Maryland
- Extensive coverage on Rule 16 of the Federal Rules of Criminal Procedure
- The discoverability of witness statements
- Additional federal rules and statutes which contain discovery rights and obligations
- The court's power to order discovery in criminal cases
- Ethical rules and Justice Department policies that impact the federal prosecutor's disclosure obligations
- Restriction of criminal discovery in appropriate cases
- Policy reform
This looks to be an incredibly useful book.
Tuesday, August 30, 2011
Compiled and edited by white collar defense lawyers Daniel J. Fetterman of Kasowitz, Benson, Torres & Friedman LLP and Mark P. Goodman of Debevoise & Plimpton LLP, the book is being published by West/Thomson Reuters. The chapters are authored by key former government prosecutors, such as James B. Comey. For details see here.
Wednesday, June 1, 2011
Scott Hilsen, a lawyer and certified fraud examiner in Atlanta, has written his first novel. It is described as a novel "based on the true story of a corporate deal gone bad and the internal investigation that exposed a shocking online fraud." For details see here.
Hilsen is a partner at Alston & Bird - see here.
Tuesday, April 26, 2011
Professor Nancy King (Vanderbilt) and Joseph L. Hoffman (Indiana) have a new book published by University of Chicago Press, titled, Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ.
If this book is like the authors recent op-ed in the NYTimes, it is likely to be extremely controversial on its recommendations on state prisoner habeas. (see op-ed by King and Hoffman here and letters to the editor in response here)(see also Andrea Lyons op ed in response and Nancy Kings response here). Although I tend to be on the side of the responses against the King Hoffman op-ed, I do think this book will offer a much needed history of 2255 and I understand that chapter 6 includes federal criminal cases, which will be helpful to white collar practitioners.
But I do hope that recommendations such as advocated in this op ed are not adopted. Justice is never too expensive. Nor can we assume that eliminating one process will pour money into indigent resources that might correct problems with the system. No matter what the cost of correcting an injustice in the system is, it needs to be done. I am deeply disappointed that too many today reference cost, expensiveness, or efficiency as rationales for shortcutting processes that may assist only a few folks. As I always ask - if you are that one person who could benefit from this criminal process correction, would you want it discarded for efficiency sake?
But that said, I do look forward to seeing this forthcoming book in an area that definitely needs study.
Sunday, February 6, 2011
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."
Sunday, September 19, 2010
Ellen C. Brotman, Careers in Criminal Law here -
"The book is organized into five different parts:
- Part I focuses on traditional criminal defense, including public defending, white collar criminal defense, big firm practice, solo practice and appellate and post conviction advocacy.
- Part II tells the stories of those who prosecute, in state court, federal court, and juvenile court.
- Part III describes the journeys of three judges in three very different venues.
- Part IV explores careers representing defendants who have been convicted as they attempt to get back on track.
- Part V presents a handful of careers in criminal law that simply defy categorization."
Sunday, September 5, 2010
Sara Sun Beale, (forthcoming Ohio St J of Criminal Law), An Honest Services Debate
Alexander Bunin (Federal Public Defender Northern District of NY), Federal Convictions Reversed (a wonderful compilation of federal cases from the United States Courts of Appeal and the United States Supreme Court. The opinions contain at least one point favorable to criminal defendants), Download Federal Convictions Reversed 08.2010
Wednesday, August 25, 2010
The second edition of Kings of Tort has recently been released by Pediment Publishing. Billed as "the true story of Dickie Scruggs, Paul Minor, and two decades of political and legal manipulation in Mississippi," it is written by my old friend Tom Dawson (former AUSA and Criminal Chief in the Northern District of Mississippi) and Alan Lange. The story is clearly told from a pro-prosecution point of view, but, that said, it is a terrific read. The case fell into Dawson's lap through the courage of Mississippi State Court Judge Henry Lackey, who was offered a bribe (in a case pending before him) by a co-conspirator of tort king Dickie Scruggs. Lackey went to the feds and the rest is history. The book gives a fascinating look at the strategy and tactics employed by Dawson, his colleagues at the U.S. Attorney's Office, and the FBI. Dawson had to keep the entire investigation secret in a very small legal community where everybody's business is typically well known. Good luck, good planning, and tough professionalism kept the undercover operation running smoothly, while co-conspirators were confronted and turned one by one. Make no mistake about it, this is an account written from the federal government's perspective. Yet it offers a unique contemporary glimpse into how a federal public corruption case is built. The subtitle is somewhat misleading, as there is far more about the Scruggs case than the Minor case in the book. I recommend it highly. There is an accompanying web site, with supplementary materials, at kingsoftort.com.
Saturday, August 14, 2010
Tuesday, December 15, 2009
Saturday, September 5, 2009
Dan Hurson, The New SEC Whistleblower Proposal: Make It Fair, Make it Pay, and They Will Come - Download THE NEW SEC WHISTLEBLOWER PROPOSAL
Houston Business & Tax Law Journal here with articles by Geraldine Szott Moohr, Introduction: Tax Evasion as White Collar Crime; John A. Townsend, Tax Obstruction Crimes: Is Making the IRS's Job Harder Enough?; Robert Edwin Davis & Danny S. Ashby, Federal Criminal Tax Enforcement in 2009: The Role of Criminal Tax Enforcement in the Federal 'Voluntary' Self-Assessment and Payment Tax System; John A. Townsend, Tax Obstruction Crimes: Is Making the IRS's Job Harder Enough? Online Appendix; Stuart P. Green, What is Wrong With Tax Evasion?
Stuart Michelson, Jud Stryker, Betty Thorne, Stetson University, The Sarbanes-Oxley Act of 2002: What Impact Has It Had on Small Business Firms, forthcoming Managerial Accounting Jrl. - Download MAJ 287_final 110609
Monday, June 1, 2009
If you wondered why the white collar crime blog has been a bit slow these past few months, this is one of several reasons. Professor Jerold Israel and I just finished the 4th edition of White Collar Crime in a Nutshell. For information on the book, see here.
Your readership is appreciated.
Saturday, March 21, 2009
Patricia E. Salkin has a book titled Ethical Standards in the Public Sector, Second Edition, a book published by the ABA.