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This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
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August 25, 2025
This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
By: George Calhoun
Bankruptcy continues as a favored vehicle for the resolution of mass-tort claims, particularly asbestos-based claims. In two recent cases in Delaware, an often-overlooked issue has raised a red flag concerning the fairness of the trusts proposed in many of these cases. The plan proponents in those cases proposed asbestos trusts that provided that foreign claimants were not eligible for payment. It is a foundational principle of U.S. bankruptcy law, however, that the bankruptcy courts do not discriminate against claimants based on the origin of their claims. The motivation behind these exclusions appears to be a claimant-driven desire to limit competition, but that motivation is incompatible with the Bankruptcy Code. The result has been, at least in the Imerys talc bankruptcy,…
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
July 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that DNI Director Tulsi Gabbard’s referral is “old news” and “politically…
Baltimoronic Investigation
July 8, 2025
Baltimoronic Investigation
By: James Trusty
June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with that information, ICE showed up at the courthouse, was allowed…
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
July 2, 2010
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
By: Ifrah Law
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…
From Federal Prison, Ex-Enron CEO Ponders His Case
June 29, 2010
From Federal Prison, Ex-Enron CEO Ponders His Case
By: Ifrah Law
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 conviction in 2004, Skilling has had ample time to consider…
Supreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
June 24, 2010
Supreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
By: Ifrah Law
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 determine whether the conviction could stand without the “honest services”…
Rubashkin Gets 27-Year Federal Sentence for Fraud
June 21, 2010
Rubashkin Gets 27-Year Federal Sentence for Fraud
By: Ifrah Law
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 million to several financial institutions. The sentence comes down almost…
A Rubashkin Acquittal: Did the Prosecutor Go Too Far?
June 11, 2010
A Rubashkin Acquittal: Did the Prosecutor Go Too Far?
By: Ifrah Law
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 month-long trial, the jury had heard testimony from several Guatemalan…
