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Feds are armed and dangerous in BP criminal investigation
Guest Blogger - Dan Cogdell As the Justice Department prepares a grand jury investigation of possible crimes involved in the BP oil spill, ex-CEO Tony Hayward is looking smarter for leaving this country for reasons beyond his lack of popularity....
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Honest Services Update
Kim Chandler, The Birmingham News, Don Siegelman and Richard Scrushy ask court to dismiss honest services fraud charges against them; Bob Johnson (AP), Tuscaloosa News.com, Siegelman asks appeals court to dismiss charges; Margaret Cronin,Bloomberg, HealthSouth's Scrushy Loses His Bid for...
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The Patient Protection and Affordable Care Act of 2010 Reduces the Criminal Mens Rea Requirement for Healthcare Fraud and Increases Penalties Under the Federal Sentencing Guidelines
GUEST BLOGGER-BENSON WEINTRAUB There has been a significant uptick in the number of criminal statutes enacted by Congress that diminish or eliminate the mens rea or “guilty mind” requirement. The Patient Protection and Affordable Care Act of 2010 (“PPACA”), Pub....
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In the News & Around the Blogosphere
60 Minutes, The $60 Billion Fraud (incredible story of medicare and medicaid fraud in South Florida - it shows how a billing scam can operate when there is little government oversight) What is the government doing? Check out AG Holder's...
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New Books, Articles, and Other Materials
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...
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In the News & Around the Blogosphere
Dexter Filkins & Alissa J. Rubin, NYTimes, Graft-Fighting Prosecutor Fired in Afghanistan; Rahim Faiez & Deb Riechmann (AP), Afghan deputy attorney general forced to retire Mike Scarcella, BLT Blog, DOJ Picks up Support in Prosecution of Former Congressman Equilar, Executive...
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Roger's Reputational Dilemma
As expected, Roger Clemens pled not guilty on Monday to charges of perjury, false statements, and obstruction of Congress. He is represented by two of the ablest white collar criminal defense attorneys in the country—Rusty Hardin of Houston and San...
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Upcoming Conferences
ABA, The Fourth Annual National Institute on Criminal Enforcement of Intellectual Property Rights, Nov. 5, 2010, San Francisco here ABA, The Fifth Annual National Institute on Securities Fraud, October 7-8, New Orleans here Strafford Webinars & Teleconferences - Foreign Corrupt...
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11th Circuit Reverses on Failure to Give Good Faith Reliance Instruction
The Eleventh Circuit Court of Appeals reversed several convictions in the case of United States v. Kottwitz for failure to give a "requested special instruction to the jury on their good faith reliance on their accountant's advice." The court stated:...
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Recommended Reading: Kings of Tort
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...
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New Book - Careers In Criminal Law
Ellen C. Brotman, Careers in Criminal Law - The promo states: 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...
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Roger Clemens Indicted
The Washington Post story is here and has a link to the indictment. Nothing yet up on PACER. Clemens is charged in six counts with perjury, false statements, and obstruction of Congress. (slw)
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Clemens to be Charged?
The Wall Street Journal is reporting here that baseball great Roger Clemens will soon be indicted by a federal grand jury for perjury. (slw)
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In the News & Around the Blogosphere
Zach Goldfarb, SEC spins judge's words in defending Citigroup settlement DOJ Oress Release, Georgia Manufacturer of Food Service Equipment Hardware Pays $3.3 Million Fine for Role in Customer Allocation Conspiracy DOJ Press Release, Former Owner and Chief Executive Officer of...
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Post-Skilling Documents
NACDL's White Collar Policy Department would like to compile all filings and rulings in honest services fraud cases post-Skilling. They plan to make these documents available in an online repository for the benefit of NACDL members. They are interested in...
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New Blog - Washington Post's Market Cop
Welcome to the blogosphere the Washington Post's new financial crime blog - Market Cop here. (esp)
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Barclays Bank PLC Forfeiting 298 Million Dollars
Many of the recent corporate settlements with the government have focused on violations of the Foreign Corrupt Practices Act. This one is somewhat unique in that the $298 Million Dollars being forfeited are for violations of the International Emergency Economic...
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Blago Verdict: Read All About It
The former Governor of Illinois is convicted on one Section 1001 count while the jury hangs on the other 23 charges. The jury hangs on all counts against Blago's brother. The Los Angeles Times has the story here. When the...
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Ellen Podgor Receives Heeney Award
The National Association of Criminal Defense Lawyers' most prestigious award is the Robert C. Heeney Memorial Award, established in 1981 in honor of Heeney, NACDL's 18th President. According to NACDL's website, the Heeney Award "is given annually to the one...
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UC College of Law Faculty Position Posting
The University of Cincinnati College of Law invites applications from entry-level and lateral candidates for as many as two tenure-track or tenured faculty positions in a broad number of areas, including agency/partnership/unincorporated business associations, civil procedure, commercial law, corporations, criminal...
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