Arizona Immigration Statute: DOJ Raises Law Enforcement Issues
On July 6, 2010, the U.S. Department of Justice filed a lawsuit seeking to prohibit the enforcement of the controversial new anti-immigration law passed by the state of Arizona in April. See, for example, the helpful summary in the blog of Legal Times. DOJ is seeking declaratory and injunctive relief to prohibit the enforcement of…
Read MorePoker, as a Game of Skill, Is Beyond Reach of Gaming Laws
The highly regarded British publication The Economist has just published an interesting article that strongly makes the case that poker is a game of skill, not a game of chance. The article notes that poker is, of course, big business these days, pointing to a consultant’s estimate that the online poker market amounts to $4.9…
Read MoreFederal Criminal Charges Dropped — But Reputations Damaged
A recent Bloomberg News article points to a disturbing trend – a dramatic increase in ultimately unsupportable white-collar federal indictments. In recent years, a growing number of executives have been indicted for corporate crimes and then had the charges dropped. From 2006 to 2008, the most recent period available, U.S. prosecutors dismissed charges against 42…
Read MoreKagan Stresses Deference to Congress on Federal Sentencing
In her three-day Supreme Court confirmation hearing, nominee Elena Kagan expressed very few views on substantive issues that might give observers a clue as to how she would vote as a Justice. Criminal law and sentencing issues were no exception, as the nominee did not tip her hand much on these matters. One interesting tidbit…
Read MoreHas the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
A recent Wall Street Journal article describing the FBI’s use against suspected financial criminals of techniques normally used to hunt terrorists shows how seriously white-collar crime is being viewed these days. It also vindicates those who sounded warning bells after 9/11 when Americans were asked to trade civil liberties for the promise of national security. …
Read MoreFrom Federal Prison, Ex-Enron CEO Ponders His Case
On June 25, 2010, the U.S. Supreme Court issued its partially favorable decision in Skilling v. United States. Although the Court accepted former Enron CEO Jeff Skilling’s arguments on the reach of the “honest services” statute, it rejected Skilling’s contention that pretrial publicity and community prejudice prevented him from receiving a fair trial. Since his…
Read MoreSupreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
Today the Supreme Court decided the key white-collar crime case of Skilling v. United States, rejecting the Justice Department’s efforts to use the well-known “honest services” statute against former Enron CEO Jeffrey Skilling. The court didn’t reverse Skilling’s conviction but sent the case back to the U.S. Court of Appeals for the 5th Circuit to…
Read MoreRubashkin Gets 27-Year Federal Sentence for Fraud
Today, U.S. District Judge Linda Reade in Iowa sentenced former kosher meatpacking executive Sholom Rubashkin to 27 years in a federal prison for his conviction on 86 counts of federal financial fraud charges. The prison term will be followed by five years of parole. Mr. Rubashkin will also be required to make restitution of nearly $27…
Read MoreA Rubashkin Acquittal: Did the Prosecutor Go Too Far?
Former Agriprocessors, Inc. executive Sholom Rubashkin was acquitted in Iowa state court on Monday, June 7, 2010, on all 67 counts of child labor violations relating to 26 teenagers from Latin America who worked at Rubashkin’s kosher meatpacking plant in Postville, Iowa. The jury reached its verdict during the second day of deliberations. During the…
Read MoreJudge Weighs In on DOJ ‘Side Agreement’ With Bank
In a rare occurrence, a so-called deferred prosecution agreement entered into by the U.S. Department of Justice with a target of a criminal investigation has been subject to scrutiny by a federal judge, and the result wasn’t favorable to the government. In fact, a judicial ruling in the case of a fired Miami bank executive…
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