Comments for White Collar Law Blog

Comment on Update on Stevens Dismissal: Questions on Discovery Rulings by business daily

business daily — Sat, 14 May 2011 09:28:16 +0000

Courts have power to control courtroom behavior and to enforce court orders. Contempt of court occurs when someone disobeys a court order shows disrespect for the judge or disrupts judicial proceedings.

Comment on New Extradition & MLAT’s Broaden Prosecutorial Reach of U.S. by Carabini

Carabini — Sat, 16 Apr 2011 21:08:05 +0000

Extradition law as it..relates to the United States is particularly complex since the..United States does not fall under a simplifying bilateral regional..treaty like many nations in Europe nor has it ratified the treaty..creating the …..Further international law is not really that much like other kinds of law ..since so many situations involve no real international authority and..thus resolution of international legal cases usually amounts to more..of a freewheeling international negotiation than an actual trial or..hearing. 1929 upholding extradition for seduction a crime in both countries see generally Spatola 925 F.2d at 619…In Medina defendant Francisco Medina moved to dismiss his..charges on the grounds that they were not covered under the..extradition treaty between the United States and the Dominican..Republic.

Comment on US v. Siegelman and Scrushy by offshore corporation

offshore corporation — Sun, 10 Apr 2011 06:37:54 +0000

Don Siegelman and ex-HealthSouth CEO Richard Scrushy also are appealing their honest services fraud convictions to the Supreme Court.That information unfortunately is incorrect. Supreme Court involves bribery and obstruction of justice.The 11th Circuit upheld the honest-services fraud convictions against Scrushy so the cases currently before the U.S.

Comment on US v. Siegelman and Scrushy by buy silver

buy silver — Tue, 05 Apr 2011 13:15:56 +0000

The counts that were upheld against Siegelman involved mainly bribery.To make matters even more murky however the honest-services convictions against Richard Scrushy Siegelmans codefendant were upheld.

Comment on Internal Investigations: Branded a Corporate Criminal. Part 2 – The risk of talking to law enforcement by business review

business review — Sat, 19 Mar 2011 00:20:53 +0000

………In its the Supreme Court ruled today that a suspect must unambiguously state his or her desire to invoke their Miranda rights referring to the right to remain silent in this case in order for those rights to be protected..This case came to the Supreme Court after the lower courts conflicted on whether a confessional statement from a suspect who remained mostly silent throughout a three plus hour police investigation was valid in court..Specifically in this case the suspect Van Chester Thompkins offered little verbal response throughout his interrogation but three hours into his interrogation he implicated himself in the crime by giving an affirmative answer to one of the officers questions. He later tried to revoke his confessional statement by stating that he was using his right to remain silent hence why he was so quiet throughout the rest of the interrogation…Mister Thompkins remained almost entirely silent in the face of three hours of interrogation though he did say that his chair was hard and that he did not want a peppermint. .The and that use of that right must be explicitly indicated by the suspect.

Comment on New Extradition & MLAT’s Broaden Prosecutorial Reach of U.S. by Monex

Monex — Sun, 13 Feb 2011 10:04:33 +0000

…Denis MacShane source European Commission .A debate in the House of Commons last week revisited the issue of the extradition treaty with the United States which is the cause of controversy every time a difficult case is subjected to it. The request for extradition of the NatWest three in 2006 was one such example the case of alleged computer hacker Gary McKinnon is the current one..There are two complaints raised about the extradition treaty with the United States that it is unequal and that it is inadequate..It is unequal in that the standard of evidence needed to extradite someone from the UK to the US is lower than that required to send somebody the other way. He has a medical condition which might be taken into account here but might not in the United States.

Comment on Supreme Court Rejects The Government’s Expansive Interpretation of ‘Honest Services’ Fraud Statute. by Monex

Monex — Wed, 22 Dec 2010 18:33:24 +0000

IntroductionSiding with convicted former Enron CEO Jeffrey Skilling a majority of the United States Supreme Court today cut sharply back on the scope of a federal fraud law that has been a favorite tool of prosecutors for many years the so-called honest services fraud statute 18 U.S.C. The Court held that Section 1346 which defines as fraudulent efforts to deprive another of the intangible right of honest services is properly confined to cover only bribery and kickback schemes which constitute only a fraction of all Section 1346 prosecutions. United States that the criminal mail fraud statute which prohibits the use of the mails in any scheme or artifice to defraud did not prohibit a scheme or artifice to defraud citizens of their intangible rights to honest and impartial Government. 1 The Court held that the mail fraud statute protected money and property rights only not intangible rights and stated that i f Congress desires to go further it must speak more clearly than it has. 2..Just one year later Congress responded to McNally by amending the mail and wire fraud statute to include a scheme or artifice to deprive another of the intangible right of honest services. 3 Congress however did not define what constitutes the right of honest services who is entitled to such a right and what actions constitute a scheme to defraud a person of his right to honest services.

Comment on Federal Bounties for Whistle-Blowers by coffee gifts

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Comment on Former Illinois Governor Rod Blagojevich convicted of just one of 24 counts by small business grants

small business grants — Tue, 24 Aug 2010 04:15:10 +0000

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Comment on New Extradition & MLAT’s Broaden Prosecutorial Reach of U.S. by Web Form

Web Form — Mon, 23 Aug 2010 23:29:17 +0000

hey man I like it. I’m about to write more articles and put your ideas to the test. After all, we always have something new to learn and being humble, I came here to learn. Bookmarked.

- Josh