White Collar Crime Prof Blog

• Bruno Convicted on Two Counts - Not Guilty on Five Counts

  Nicholas Confessore, NYTimes, Bruno, Former Albany Leader, Convicted of Corruption; Irene Jay Liu, TimesUnion.com, Bruno convicted on 2 counts, not guilty on five. But the interesting question is what will happen in the next months regarding section 1346 of the... [...]
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  Posted: December 07, 2009, 5:20pm EST
  by White Collar Crime Prof Blogger

• Death Penalty - ALI Withdraws Model Penal Code 210.6

  What does the death penalty have to do with white collar crime? Perhaps the most obvious item to those who practice white collar criminal defense work, is that many white collar attorneys handle or assist on capital cases. It therefore... [...]
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  Posted: December 07, 2009, 11:50am EST
  by White Collar Crime Prof Blogger

• False Statement Passport Statute Does Not Require Materiality

  A defendant convicted of violating 18 U.S.C. 1542, a statute pertaining to a false statement in an application for a passport, argued unsuccessfully that materiality was required. The Second Circuit held that unlike section 1001, materiality was not an element... [...]
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  Posted: December 06, 2009, 1:12am EST
  by White Collar Crime Prof Blogger

• Petters Guilty

  Steve Karnowski, law.com (AP), Jury Finds Minn. Businessman Petters Guilty in $3.5 Billion Ponzi Scheme; Steve Karnowki, StarTribune (AP), Petters defense team plans appeal It will be interesting to see if the sentences given to Petters is vastly different from... [...]
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  Posted: December 03, 2009, 10:20pm EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Houston Chronicle (AP),Lawyers wind down Enron shareholder lawsuit (w/ a hat tip to Bill Olis) Mike Scarcella & David Ingram, National LJ, Deputy AG Ogden to Resign, Effective in February David Ingram, BLT Blog, law.com, DOJ Official Headed to White... [...]
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  Posted: December 03, 2009, 5:18pm EST
  by White Collar Crime Prof Blogger

• Site for Anti-Bribery Information

  Interesting site - TRACE Compendium that catalogs Anti-Bribery Compliance Worldwide. See here (esp) [...]
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  Posted: December 03, 2009, 10:25am EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  DOJ Press Release, North Carolina Poultry Processing Plant and Manager Indicted for Violations of Clean Water Act Colin Moynihan. NYTimes, Contractor Draws a 3-Month Term for Bribery Chad Bray, NYTimes, Madoff Investor's $10 Million Case Is Tossed Susan Beck, law.com,... [...]
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  Posted: December 01, 2009, 8:49am EST
  by White Collar Crime Prof Blogger

• Upcoming Conferences

  ABA Criminal Tax Fraud - December 3-4, San Francisco here Crime & Punishment - Charleston Law Review & The Riley Institute - February 18-19 - Download RIL09 CSOL Save the Date 24th ABA Annual National Institute on White Collar Crime... [...]
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  Posted: November 29, 2009, 4:47pm EST
  by White Collar Crime Prof Blogger

• Top Criminal Law Blogs

  Attorney.org lists their top criminal law blogs here (esp) [...]
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  Posted: November 29, 2009, 3:22am EST
  by White Collar Crime Prof Blogger

• White Collar Sentencing - In China

  How much time is appropriate for a white collar criminal? What if the crime results in death to individuals? Is it no longer a white collar crime? In China it can mean a death sentence. See Sharon LaFraniere, NYTimes, 2... [...]
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  Posted: November 27, 2009, 5:49am EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Lynnley Browning, NYTimes, Ex-UBS Banker Seeks Billions for Blowing Whistle Robert K. Gordon, The Birmingham News, U.S. attorney in Alabama's northern district: Lighter sentences send wrong message (w/ a hat tip to Ted Gest) Mary Williams Walsh & Michael J.... [...]
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  Posted: November 27, 2009, 5:24am EST
  by White Collar Crime Prof Blogger

• Happy Thanksgiving

  Wishing everyone a Happy Thanksgiving. A special Happy Thanksgiving to Jamie Olis, who will now be able to spend Thanksgiving at home with his family. And a special Thanksgiving to Ben Kuehne and his incredible legal team (see here). And... [...]
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  Posted: November 26, 2009, 11:04am EST
  by White Collar Crime Prof Blogger

• Happy Thanksgiving - Ben Kuehne

  The government dismissed Ben Kuehne's case today. For background on this case see here, here, and here. Congratulations to Attorney Ben Kuehne and to his counsel Jane Moscowitz and John Nields. The Government's motion states in part: "This motion is..." [...]
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  Posted: November 25, 2009, 1:42pm EST
  by White Collar Crime Prof Blogger

• Change The Discovery Rules

  The letter below was written in April 2009, but it surfaced for me this past week - - It's a letter from Hon. Emmet G. Sullivan to Hon. Richard C. Tillman, chair of the Judicial Conference Advisory Committee on the... [...]
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  Posted: November 24, 2009, 1:58am EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Dan Levine, The Recorder, law.com, Guilty Verdict for McKesson Chairman, but GC Acquitted Ben Hallman, AmLaw Litigation, law.com,After Three-Year Deferred Prosecution, DOJ Dismisses Charges Against First Foreign FCPA Target ; FCPA Blog, Giving Thanks Once Again; DOJ Press Release, Statoil... [...]
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  Posted: November 22, 2009, 7:15pm EST
  by White Collar Crime Prof Blogger

• Oral Argument in Wesley Snipes Case

  Previously granted oral argument (see here), lawyers for Wesley Snipes appeared in the 11th Circuit this past week to argue the case. A report of the argument sounded like it was a "hot" bench with questions regarding the venue and... [...]
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  Posted: November 22, 2009, 2:47am EST
  by White Collar Crime Prof Blogger

• Shelnutt - Not Guilty

  The U.S. Attorney's Office for the Southern District of Georgia has their press release telling the world of a 40 count indictment of a Columbus, Georgia attorney. But no where on the website is the fact that a jury acquitted... [...]
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  Posted: November 19, 2009, 2:26pm EST
  by White Collar Crime Prof Blogger

• Finding TARP

  The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) emphasizes transparency, but it did take me some time to find the website that told me what was going on in this office. It is easy... [...]
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  Posted: November 16, 2009, 12:02am EST
  by White Collar Crime Prof Blogger

• Breaking News: William Jefferson Sentenced to 13 Years

  Guest Blogger: Tiffany M. Joslyn, National Association of Criminal Defense Lawyers (NACDL) U.S. District Judge T.S. Ellis III has sentenced ex-congressman William Jefferson to 13 years in prison for his conviction on 11 counts of public corruption. See breaking news... [...]
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  Posted: November 13, 2009, 6:13pm EST
  by White Collar Crime Prof Blogger

• Year & A Day in FCPA Case - But Will It Hold on Appeal?

  Guest Blog - Matthew Reinhard, Miller & Chevalier Chartered Lost in this week’s maelstrom of white collar activity – the acquittal of the Bear Stearns bankers, the accusations that Blackwater bribed Iraqi officials, and the sentencing of former Congressman Jefferson... [...]
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  Posted: November 12, 2009, 10:26pm EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Amanda Bronstad, NLJ, law.com, Former Broadcom executive seeks a rehearing before 9th Circuit Patricia Hurtado, Bob Van Voris and Linda Sandler, Bloomberg, Bear Managers’ Acquittal May Hamper U.S. Fraud Prosecutions John Mazzetti & James Risen, NYTimes, Blackwater Said to Pursue... [...]
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  Posted: November 11, 2009, 10:13am EST
  by White Collar Crime Prof Blogger

• Not Guilty for Former Bear Stearns Managers

  Zachery Kouwe, NYTimes, Bear Stearns Managers Acquitted of Fraud Charges reports on the acquittal of two former Bear Stearns Managers who faced government indictment. Unlike many, these two individuals risked going to trial and were acquitted by a jury that... [...]
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  Posted: November 10, 2009, 5:44pm EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Dan Levine, The Recorder, law.com, 9th Circuit Stands Firm on Prosecutors' Misconduct in Reyes Backdating Case law.com (AP), Disbarred Ga. Attorney Sentenced to Prison for Ponzi Scheme 50 Great Blogs for and by Law Professors (includes this white collar crime...' [...]
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  Posted: November 10, 2009, 10:27am EST
  by White Collar Crime Prof Blogger

• Upcoming Conferences & Events

  Public Address on White Collar Crime by Preet Bharara, USA for the Southern District of NY, Nov. 19, 2009. Details here (esp) [...]
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  Posted: November 08, 2009, 8:52am EST
  by White Collar Crime Prof Blogger

• Post-Booker Sentencing Provides Greater Equity

  Amir Efrati, WSJ, Looser Rules on Sentencing Stir Concerns About Equity - speaks about recent sentencing of white collar offenders. My response - Supreme Court decisions clearly allow for more judicial discretion in white collar sentencing - but is this... [...]
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  Posted: November 06, 2009, 5:34am EST
  by White Collar Crime Prof Blogger

• Lawyers

  Martha Neil, ABA Jrl Law News Now, 2 Lawyers Charged in Claimed $1.1M Client Embezzlement Scheme Vesselin Mitev, Law.com, New York Law Journal, Disbarred Attorney Pleads Guilty to Guardian Account Thefts Linda Sandler & Carlyn Kolker, Bloomberg, Ropes & Gray... [...]
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  Posted: November 06, 2009, 4:35am EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Sam Dolnick, NYTimes, Kerik Pleads Guilty in Corruption Case David Glovin & Bob Van Voris, Bloomberg, Ex-Galleon Worker, 13 Others Charged in Insider Scam DOJ Press Release, Former Pepsico Executive Arraigned in White Plains Federal Court on Embezzlement Charges DOJ... [...]
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  Posted: November 05, 2009, 1:21pm EST
  by White Collar Crime Prof Blogger

• Cert Petition in Brown

  A Petition for Cert has been filed in the Supreme Court in the case of Brown v. U.S., coming from the 5th Circuit. It's the Brown from the Merrill Lynch- Enron case. Brown I was dismissed by the court holding... [...]
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  Posted: November 04, 2009, 1:01am EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Libby Nelson, Chronicle of Higher Education, Former Education Dept. Official to Plead Guilty Over Stock Holdings in Lender Ashby Jones, WSJ Blog, Kovachev, Dreier’s Wingman, Pleads Guilty to Fraud TIGTA, Woman Charged with Exceeding Authorized Access to a Computer Sherman... [...]
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  Posted: November 03, 2009, 5:54pm EST
  by White Collar Crime Prof Blogger

• Conrad Black - Reply Brief - Gotcha

  Up to bat in the year of the mail fraud is Conrad Black. Set for oral argument on December 8, 2009, the briefs are now being filed. The most recent filing is the Defendant's reply brief - Download Black-Reply One... [...]
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  Posted: November 03, 2009, 12:06am EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Mary Flood, Houston Chronicle, Ex-Enron broadband figure given home confinement (esp) [...]
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  Posted: November 02, 2009, 11:46pm EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogopshere

  Chronicle of Higher Education, The Ticker, U. of Florida Engineering Professor Is Arrested on Fraud and Money- Laundering Charges Jay Weaver, Miami Herald, Corruption-fighter takes over S. Florida FBI office Michael Quint, Bloomberg, New York Ex-Senate Head Bruno’s Trial Focuses... [...]
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  Posted: November 02, 2009, 8:43am EST
  by White Collar Crime Prof Blogger

• Happy Birthday Blog - Five Years Old

  Today the White Collar Crime Prof Blog Turns Five (5) Years Old and I would like to thank all the readers out there who have clicked this way. As you may imagine, blogging takes an enormous amount of time -... [...]
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  Posted: November 01, 2009, 1:48am EST
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Mike Scarcella, BLT Blog, Top DOJ Fraud Section Supervisors Planning to Leave Justice (esp) [...]
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  Posted: October 30, 2009, 5:56pm EDT
  by White Collar Crime Prof Blogger

• Federal Convictions Reversed

  Alexander Bunin - Federal Defender - has just issued an updated edition of Federal Convictions Reversed. See here - Download Federal Convictions Reversed 10.2009 (esp) [...]
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  Posted: October 30, 2009, 11:09am EDT
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Mike Scarcella, Nat. L.J.,DOJ Witness in Stevens Case Sentenced to Prison ; DOJ Press Release, Bill Allen and Richard Smith, Former Officers of VECO Corporation, Sentenced for Roles in Alaska Public Corruption Scheme DOJ Press Release, West Suburban Man Charged... [...]
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  Posted: October 30, 2009, 12:48am EDT
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Doreen Carvajal & Stephen Castle, NYTimes, Fraud Plagues Sugar Subsidy System in Europe DOJ Press Release, Utah-Based Tax Shelter Operators Plead Guilty in $200 Million Dollar Tax Fraud Amanda Bronstad, National Law Journal, Defense shifts blame elsewhere as Broadcom trial... [...]
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  Posted: October 27, 2009, 9:06am EDT
  by White Collar Crime Prof Blogger

• Eleventh Circuit Upholds Dismissal of Count One in Kuehne Case

  No surprises in the Eleventh Circuit opinion affirming the trial court's dismissal of Count One in the Ben Kuehne case. The nine page opinion authored by Hon. Barkett, and joined by Hon. Hull and Quist provides a quick response to... [...]
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  Posted: October 26, 2009, 6:13pm EDT
  by White Collar Crime Prof Blogger

• The Recession Discussion - University of Chicago Legal Forum

  The University of Chicago's Legal Forum - 2009 Symposium on Crime, Criminal Law and the Recession -began with opening remarks from Anton Valukas(Jenner & Block), who many remember as the former United States Attorney from the Northern District of Illinois... [...]
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  Posted: October 25, 2009, 1:47am EDT
  by White Collar Crime Prof Blogger

• Third Circuit Rules in Honest Services Case

  The honest services cases seem to be all over the place, with three before the United States Supreme Court this term. The Third Circuit just added its voice to the mix with a decision in United States v. McHeehan. The... [...]
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  Posted: October 22, 2009, 10:05pm EDT
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  William Sessions confirmed as Chair of the United States Sentencing Commission (see here) DOJ Press Release, Ship Operator Pleads Guilty for Concealing Pollution from Oil Tanker -Panamanian Company Will Pay $1.25 Million for Vessel Pollution Crimes Mike Scarcella, BLT Blog,... [...]
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  Posted: October 22, 2009, 10:23am EDT
  by White Collar Crime Prof Blogger

• You Can't Prosecute An Acquittal - Yeager Case

  Back from the Supreme Court's decision in United States v. Yeager (see discussion here), the Fifth Circuit Court of Appeals had to decide what to do with the remains of this case. Mary Flood, Houston Chronicle, Appeals court wipes slate... [...]
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  Posted: October 21, 2009, 4:40am EDT
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  DOJ Press Release, U.S. Army Sergeant Pleads Guilty to Bribery and Money Laundering Conspiracy Related to Department of Defense Contracts in Afghanistan DOJ Press Release, Malibu Man Agrees to Plead Guilty to Willful Failure to Disclose UBS Swiss Bank Accounts... [...]
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  Posted: October 21, 2009, 3:11am EDT
  by White Collar Crime Prof Blogger

• Wall Street Meets "The Wire"

  Guest Blogger - Gail Shifman In the 2009 sequel to the 1987 movie, Wall Street, one expects to see Michael Douglas’ Gekko talking on his cell phone on his way to a meeting in Baltimore where technology superstar and investor... [...]
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  Posted: October 19, 2009, 9:00pm EDT
  by White Collar Crime Prof Blogger

• "Largest Hedge Fund Insider Trading Case Ever Charged, Criminally"

  These are the words of US Attorney Preet Bharara on the charging of six defendants "with allegedly making more than $20 million in profits through insider trading." (See Statement here) What is also noteworthy here is that this, a white... [...]
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  Posted: October 19, 2009, 2:46am EDT
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Rocco LaDuca, Uticaod.com, No jail sentences, but plenty of hurt for DDSO defendants- No evidence of kickbacks found in inquiry into issuance of state contracts DOJ Press Release, Minneapolis Packaged-Ice Company Agrees to Plead Guilty and Three Former Executives Plead... [...]
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  Posted: October 19, 2009, 1:00am EDT
  by White Collar Crime Prof Blogger

• The Problem With Extraterritorial Prosecutions -Getting the Witnesses

  Carrie Johnson, Washington Post, Afghan Men Tricked Into U.S. Trip, Detained -Possible Witnesses Have Been Forced To Stay Since 2008 has a must read article on a key problem that arises when one prosecutes extraterritorial conduct - how do you... [...]
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  Posted: October 18, 2009, 10:18pm EDT
  by White Collar Crime Prof Blogger

• Safavian Gets One Year

  A DOJ Press Release reports that "Former General Services Administration (GSA) Chief of Staff David H. Safavian was sentenced today to one year in prison on charges of obstruction of justice and making false statements in connection with the investigation..." [...]
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  Posted: October 16, 2009, 7:57pm EDT
  by White Collar Crime Prof Blogger

• Fourth Annual National Institute on Securities Fraud - Day Two

  The opening session of the second day of the ABA's Securities Fraud Conference is a plenary session pertaining to the Foreign Corrupt Practices Act (FCPA) - clearly a "hot" topic these days. A panel moderated by Phillip H. Hilder, started... [...]
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  Posted: October 16, 2009, 7:36pm EDT
  by White Collar Crime Prof Blogger

• In the News & Around the Blogosphere

  Joe Palazzolo, Main Justice, Mistrial in Ring Case Mark Fass, NYLJ, Trial of Former Hedge Fund Managers Begins in Federal Court (esp)(blogging from DC) [...]
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  Posted: October 15, 2009, 10:39pm EDT
  by White Collar Crime Prof Blogger