Blog
Crime in the Suites An Analysis of Current Issues in White Collar Defense
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.  Those who argued against the slippery slope of government encroachment on civil liberties were accused of aiding terrorists: “To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists; for they erode our national unity and diminish our resolve.  They give ammunition to America’s enemies, and pause to America’s friends.”  - Attorney General John Ashcroft, December 5, 2001 However, the argument that we can increase national security by reducing civil liberties is an illusion; when we make ourselves less free, we are not safer, we are simply less free.  Many Americans wrongly assume that constitutionally suspect FBI intelligence-gathering techniques will never be used on them.  But, over time,... Read more

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 More

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 More

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 More

On June 17, 2010, the U.S. Supreme Court issued an 8-1 ruling in Dillon v. United States (with only Justice Stevens dissenting) that the Court’s 2005 ruling in United States v. Booker that made the U.S. Sentencing Guidelines advisory rather than mandatory does not apply to proceedings to reduce a sentence under section 3582(c)(2) of… Read More

Civil forfeiture is a legal fiction premised on two notions: that (i) property bears guilt when put to unlawful use; and (ii) monarchs are the creator’s appointed representatives on the earth. In such a world, it would make sense for guilty property to be seized and returned to the monarch. In the monarch’s hands, stained… Read More

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 More

Time will tell whether Attorney General Eric Holder’s recent policy memo to federal prosecutors will actually reduce white-collar sentencing disparities that Justice Department officials have admitted are widespread and significant. “We are especially concerned about increased disparity in white-collar sentencing,” Assistant Attorney General Lanny Breuer of the Criminal Division told American Bar Association conference attendees… Read More

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… Read More

Is the government reading your e-mail messages? A routine law enforcement technique of using subpoenas instead of search warrants to obtain e-mail from internet service providers (ISPs) means that literally anyone who uses the Internet risks intrusion from unlawful government surveillance practices. Subpoenas can be issued under a much lower standard than the probable cause… Read More

Page 38 of 40« First...102030...3637383940