Archive for November, 2011

Investigator Finds ‘Systemic Concealment’ by Stevens Prosecutors

Posted on November 21st, 2011 by Sam Kauffman

On April 7, 2009, after granting the government’s motion to dismiss and vacate the conviction of former Senator Ted Stevens for making false statements, by failing to disclose gifts he received on his Senate Financial Disclosure, US District Court Judge Emmet G. Sullivan appointed a special investigator to ”investigate and prosecute such criminal contempt proceedings as may be appropriate against the six Department of Justice attorneys responsible for the prosecution of Senator Stevens.” 

Today the investigator appointed by Judge Sullivan issued in camera a 500 page report.  Although the report will remain under seal pending review by the Department of Justice and the lawyers for the late Senator, Judge Sullivan disclosed the gist:  “the investigation and prosecution of Senator Stevens were ‘permeated by the systematic concealment of significant exculpatory evidence which would have independently corroborated his defense and his testimony, and seriously damaged the testimony and credibility of the government’s key witness.’”  The investigators further concluded that “ at least some of the concealment was willful and intentional” and found evidence of concealment and the investigators found “serious misconduct that was previously unknown and almost certainly would never have been revealed – at least to the Court and to the public – but for their exhaustive investigation.” 

Judge Sullivan’s order can be found here.  See also White Collar Crime Prof Blog.    

US Sentencing Commission Critical of Federal Mandatory Minimum Sentences in New Report

Posted on November 14th, 2011 by Sam Kauffman

A 645-page report from the United States Sentencing Commission found that federal mandatory minimum sentences are often “excessively severe,” not “narrowly tailored to apply only to those offenders who warrant such punishment,” and not “applied consistently.” That is especially so for sentences of people convicted of drug-trafficking offenses, who make up more than 75 percent of those given federal mandatory minimum sentences.  A Blue Ribbon Indictment

Glaxo Settles Off-label Marketing and Medicare Fraud Cases with U.S. for $3 Billion

Posted on November 3rd, 2011 by Sam Kauffman

GlaxoSmithKline PLC said it will pay the U.S. government $3 billion to settle several long-running criminal and civil investigations into the company, including allegations that Glaxo marketed some drugs illegally and defrauded the Medicaid program.