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FTC Getting Serious About Full Disclosure in Endorsements
Oct 20, 2010
FTC Getting Serious About Full Disclosure in Endorsements
The Federal Trade Commission is taking steps to show that it is quite serious about enforcing the so-called blogger disclosure rules that it issued last year. The rules say, essentially, that when someone endorses or reviews a product or service, the person must disclose any relationship with the company that produces the product. So if…
Impeachment Trial of Federal Judge Raises Issue of ‘Kickbacks’
Sep 16, 2010
Impeachment Trial of Federal Judge Raises Issue of ‘Kickbacks’
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”…
Why Did Craigslist End ‘Adult Services’ Section?
Sep 6, 2010
Why Did Craigslist End ‘Adult Services’ Section?
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…
Md. Case: An Issue of Medical Judgment or Criminal Fraud?
Sep 3, 2010
Md. Case: An Issue of Medical Judgment or Criminal Fraud?
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…
Lesson From Ex-Congressman’s Plight: Follow Rules, Come Clean
Aug 13, 2010
Lesson From Ex-Congressman’s Plight: Follow Rules, Come Clean
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…
Honest Services Fraud — Still Alive and Kicking?
Aug 9, 2010
Honest Services Fraud — Still Alive and Kicking?
We wrote recently that the very recent Supreme Court decision in United States v. Skilling, limiting the reach of the federal “honest services” statute, may have an immediate impact on the ongoing case against Kevin A. Ring, a former associate of Jack Abramoff. See “Skilling Having Impact on Pending Honest Services Fraud Cases,” July 28,…
Court Places Limits on DOJ’s Asset Forfeiture Powers
Aug 4, 2010
Court Places Limits on DOJ’s Asset Forfeiture Powers
The D.C. Circuit recently handed a significant victory to anyone with assets in the U.S. – especially anyone under investigation in another country for violation of that country’s laws. As reported on the Blog of Legal Times, the D.C. Circuit issued a decision on July 16 holding that the Department of Justice could not seize…
Skilling Having Impact on Pending Honest Services Fraud Cases
Jul 28, 2010
Skilling Having Impact on Pending Honest Services Fraud Cases
On June 24, 2010, the U.S. Supreme Court handed down its much-awaited ruling in Skilling v. United States, which limited the scope of honest-services fraud. The next step is to look at the lower courts and see how they are interpreting the Skilling decision. After comments made very recently by U.S. District Judge Ellen Segal Huvelle…
DOJ Official Seeks to Clear Her Name After Contempt Charge
Jul 19, 2010
DOJ Official Seeks to Clear Her Name After Contempt Charge
A recent filing in the U.S. District Court for the District of Columbia uncovered a sidelight to the story of the botched prosecution of former Sen. Ted Stevens (R-Alaska). In April 2009, U.S. District Judge Emmet Sullivan set aside the verdict in the criminal case against Stevens and dismissed the case on the grounds of…
Arizona Immigration Statute: DOJ Raises Law Enforcement Issues
Jul 12, 2010
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…