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Crime in the Suites An Analysis of Current Issues in White Collar Defense

A Blog About Current Issues in White Collar Defense

When is a company obliged to pay the legal fees of a wayward employee? The answer generally depends on the precise wording of the employee agreement, if an agreement exists.   A good case in point is the recent one of Frances Flood, the CEO of ClearOne Communications, who left the company in 2004 while under SEC investigation. Things didn’t turn out well for her: She was indicted in 2007 and convicted in 2009 of nine felony counts and sentenced to four years in prison for falsifying revenue of one of the company’s subsidiaries.   Through all this, Flood continued to pursue a case against her former company, trying to get them to pay her for the legal fees she had incurred. She claimed that the indemnification provision of her Employment Separation Agreement required the company to advance her legal fees.   On August 30, 2010, the U.S. Court of Appeals for the 10th Circuit ruled against her and found that as long as the company had acted in good faith in denying her fees,... Read more

The impeachment trial of U.S. District Judge G. Thomas Porteous Jr. is continuing before a U.S. Senate committee. Porteous, a federal judge in New Orleans, is accused of four counts of corruption. Each count is referred to as an article of impeachment. The first article of impeachment involves what some have described as a “kickback”… Read More

Last month, a federal grand jury indicted former Major League Baseball pitcher Roger Clemens on charges of obstruction of Congress, making false statements, and perjury. The six-count indictment alleges that Clemens obstructed a congressional inquiry in 2008 and lied to a House committee in 15 statements under oath, including denials that he had never used… Read More

We noted last May that the popular Craigslist website faced major flak from state attorneys general and from anti-prostitution groups over its “Adult Personals” section, which many say was a thinly veiled venue for prostitution. On September 3, Craigslist abruptly discontinued the “Adult Personals” section and replaced the link with the word “Censored.” Craigslist didn’t… Read More

On September 1, 2010, John R. McLean, a former cardiologist based in Salisbury, Md., was indicted by a federal grand jury for health care fraud and for making false statements to Medicare and Medicaid. McLean is charged with performing operations to insert stents – devices to treat coronary disease – in the arteries of patients… Read More

Federal prosecutors recently responded to an appeal filed by former U.S. Representative Rick Renzi before the U.S. Court of Appeals for the Ninth Circuit, which seeks a dismissal of Renzi’s February 2008 extortion indictment. The indictment stems from a government land-swap deal that prosecutors say illegally benefited Renzi’s former business partner. Prosecutors claim that Renzi,… Read More

Late last month, we noted a highly unusual decision by U.S. Magistrate Judge Alan Kay in the District of Columbia to order the Federal Trade Commission to respond to interrogatories about a subpoena it had issued to Paul Bisaro, the CEO of Watson Pharmaceuticals, in a generic-drug investigation. Normally, that sort of inquiry into the… Read More

In the wake of the conviction in federal court in Chicago of former Illinois Gov. Rod Blagojevich on one criminal count of lying to the FBI and the mistrial on 23 others, mostly involving political corruption, the question of the complexity of many white-collar crime cases has been widely discussed. In one newspaper account, a… Read More

Conservative columnist Michelle Minton just wrote an interesting op-ed piece for Forbes.com on why Republicans, and by extension, conservatives in general, should favor legalized Internet gambling. Minton’s arguments come in the wake of the recent passage by the House Financial Services Committee of a bill that would legalize Internet gambling, including online poker, in the… Read More

Federal prosecutors often take very seriously the prohibitions on illegal lobbying and on withholding the truth from the FBI. That’s one of the lessons that former U.S. Rep. Mark Siljander probably learned last month when he pleaded guilty to two federal charges relating to his alleged ties to an Islamic charity claimed to have funded… Read More

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