White Collar News of Interest


	Print or Email This Page White Collar News of Interest 2010 "Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Concerning Adoption of Federal Criminal Provisions," January 6, 2010. "Prosecutors, you don't have the right to remain silent," The Boston Globe, January 6, 2010. "New DOJ Discovery Policies Fall Short," White Collar Crime Prof Blog, January 5, 2010. "The Real Blackwater Scandal: Another example of prosecutorial abuse in a political case," The Wall Street Journal, January 3, 2010. 2009 "Supreme Court should void 'honest services,'" The Dallas Morning News, December 18, 2009. "Charges Dismissed Against 2 Broadcom Executives," The New York Times, December 15, 2009. "SC could scale back anti-corruption law," Marketplace, December 8, 2009. "NACDL Co-Sponsored Book Event: Three Felonies A Day, How Vague Criminal Laws Allow the Feds to Target the Innocent," October 29, 2009 "The End of Phony Deterrence? 'SEC v. Bank of America," The New York Law Journal, September 17, 2009 "Attempt by Omission," Michael T. Cahill, September 2009 "Should the SEC Spin Off The Enforcement Division?," Peter J. Henning, September 2009 "Proposal Seeks More Oversight of Justice Department's Pre-Trial Diversion Agreements," Shana-Tara Regon (NACDL), Washington Legal Foundation, September 25, 2009 "Debacle: How the Supreme Court Has Mangled American Sentencing Law and How It Might Yet Be Mended," Frank O. Bowman, Forthcoming 2010 "Breuer: Stevens Verdict 'Tainted' by Prosecution Failures," The BLT: The Blog of the Legal Times, September 10, 2009 "BofA Says It's Not Hiding Behind Lawyers," Wall Street Journal, September 10, 2009 [Includes links to Cuomo letter and BofA letter and most recent court filing] "Statement by SEC Chairman: Statement on the Inspector General's Report Regarding the Bernard Madoff Fraud," U.S. Securities and Exchange Commission, September 4, 2009 [Includes link to IG Report] "Educating Compliance," Ellen Podgor, September 2009 "The Centenary of a Mistake: One Hundred Years of Corporate Criminal Liability," John Hasnas, August 2009 "Mortgage Fraud: A Classic Crime's Latest Twists," The Wall Street Journal, August 27, 2009 "Did Bank of America Waive Attorney-Client Privilege in Merrill Bonus Flap?," The American Lawyer, August 26, 2009 "Rethinking the Corporate Crime Spree," The Wall Street Journal, August 19, 2009 "The Criminalization of Corporate Conduct," Chief Executive, August 18, 2009 "Ex-Brocade Chief Reyes Gets Fraud Conviction Reversed," Bloomberg, August 18, 2009 "SEC trots out a new weapon: control person liability," The National Law Journal, August 18, 2009 "State AGs back Obama on financial oversight agency," TheHill.com, August 18, 2009 "Agreement between UBS and Us Government Unsealed Today," NACDL Update, August 19, 2009 "The Honest Services Statute: When Federal Righteousness Goes Off The Rails," Washington Legal Foundation, August 14, 2009 "Unwitting Sanctions: Understanding Anti-Bribery Legislation as Economic Sanctions Against Emerging Markets," Andrew Brady Spalding, July 3, 2009 "U.S. government won't fight Nacchio sentence ruling," Reuters, August 17, 2009 "In-House Counsel Face New Global Challenges," The New York Law Journal, August 14, 2009 "For ExxonMobile, the Bird is Now a Criminal Word," The Wall Street Journal, August 13, 2009 "Analysis: New approach to "insider" gains," SCOTUSBlog, August 11, 2009 "Tenth Circuit allows third corruption trial for former Westar Energy executives," Jurist Legal News & Research, August 10, 2009 "Has Economic Uncertainty Expanded Reach of Foreign Corrupt Practices Act?," New York Law Journal, August 10, 2009 "In Antibribery Law, Some Fear Inadvertent Chill on Business," The Wall Street Journal, August 6, 2009 "Statement: Robert Khuzami on Enforcement Priorities," August 5, 2009, Delivered to the New York City Bar "Baker Botts sued for findings of internal investigation," The National Law Journal, August 5, 2009 "Manhattan Moment: On criminalizing corporate conduct," The Washington Examiner, August 5, 2009 "Announcing NACDL's White Collar CLE Summer Series," Registration is Open, August 19th and 20th "The Prosecutor as Regulatory Agency," Rachel Barkow, July 2009 "Written Statement of President John Wesley Hall Before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security on 'Over-criminalization of Conduct and Over-Federalization of Criminal Law,'" NACDL Statement, July 22, 2009 "Diverse Coalition Secures House of Representatives Attention on the Issue of Overcriminalization," NACDL Press Release, July 22, 2009 "One Rogue Worker Can Take an Entire Company Down," The National Law Journal, July 16, 2009 "Obama DOJ Continues Practice of Deferring Corp Prosecutions," Dow Jones Newswires, July 15, 2009 "NACDL and Others Request DOJ Institute a Formal Rulemaking Process on the Issuance of Civil Investigative Demands," July 13, 2009 "Self-Detection: So Key, So Difficult," The New York Law Journal, July 13, 2009 "The FCPA: A Key Enforcement Priority Here and Abroad," Securities Docket: Global Securities Litigation and Enforcement Report, July 6, 2009 "NACDL Member Audrey Strauss On the Supreme Court's Review of 'Honest Services,'" The New York Law Journal, July 2, 2009 "Judge Throws Out Conviction in Cyberbullying Case," The New York Times, July 2, 2009 "Circuits split on sentencing for financial fraud - At issue is whether people who are reimbursed for financial lossess from criminal schemes should be counted as victims," The National Law Journal, June 29, 2009 "After Stevens Case, Justice Dept. Corruption Unit in Disarray," The Washington Post, June 18, 2009 "A New Consumer Agency With Enforcement Teeth," The Wall Street Journal, June 18, 2009 "DOJ may rein in use of 'honest services' statute - Fraud statute up for review was key to many convictions," The National Law Journal, June 15, 2009 "U.S. Seeks Release of Convicted Alaska Lawmakers," The Washington Post, June 5, 2009 "7th Cir. bar president discusses high court's decision to review Conrad Black's conviction," The National Law Journal, May 19, 2009 "House Passes Financial Fraud Bill," Congressional Quarterly, May 6, 2009 "Congress's Hammer: Another Criminal Law," Real Clear Politics, March 4, 2009 "Despite assurances from AG, key lawmaker moves to protect privilege and work-product doctrine," The National Law Journal, February 19, 2009 "Internal Exile: Collateral Consequences of a Criminal Conviction in Federal Laws and Regulations," Public Defender Service for the District of Columbia and the American Bar Association’s Commission on Effective Criminal Sanctions, February 13, 2009 "New Mexico Court Imposes Pre-Indictment Mechanism that Enables Investigation Targets to Alert Grand Juries of Evidence," NACDL Update, February 12, 2009 "Justice Dept to Release Details of Antitrust Immunity Deals," Wall Street Journal, February 5, 2009 "FORTHCOMING STUDY: Deferred and Non-Prosecution Agreements Decline 60%," NACDL Update, February 5, 2009 "From Coaches to Church Officials, an Honestly Law Gets a Workout," Wall Street Journal, February 5, 2009 "Fighting Corruption with the 'Honest Services' Doctrine," St. Petersburg Times, January 22, 2009 "Senators Seek More Funds to Fight Financial Fraud," New York Times, January 22, 2009 "Second Circuit Upholds the Jury Verdict in U.S. v. Ionia Management S.A.," NACDL Update, January 21, 2009 "Even Businessmen Deserve A Lawyer," Wall Street Journal, January 15, 2009 "In the Wake of its Loss in US v. Stolt-Nielsen SA, the DOJ Antitrust Division Releases New Guidelines for its Leniency Program," NACDL Update, January 13, 2009 "Kuehne Trial Postponed until April due to Pending Appeal, Depositions -- and Obama," National Law Journal, January 9, 2009 "The Dozen Things to Watch at Holder's Hearing," Legal Times, January 12, 2009 "Eric Holder May Threaten the Sixth Amendment Right to Counsel," The Examiner, January 8, 2009 "Six Federal Agencies to Join Anti-Fraud Task Force," The Washington Post, January 7, 2009 "Skilling's Conviction Upheld, Resentencing Ordered," Bloomberg, January 6, 2009 "United States Attorneys' Offices Criminal Matter Intakes: What, if Anything, Do These Numbers Really Mean," NACDL Update,2008 2008 "A White Collar Defender's Take on What can be Learned from the KPMG Verdicts," The National Law Journal, December 15, 2008 "White Collar Offenders Face 'Prosecutorial Hurricane,'" Financial Post, December 15, 2008 "Former KPMG Execs Get Mixed Verdicts in Tax Case – Jury Convicts Two Ex-KPMGers, One Lawyer on Tax Charges," NACDL Update, December 17, 2008 "Orin Kerr, Attorney on the MySpace Case Defense Team, Blogs about the Legal and Editorial Buzz Surrounding the Guilty Verdict and Pending Defense Motions to Dismiss," NACDL Update, December 2, 2008 "Judge in Ben Kuehne Case Calls Charge 'Disturbing,'" The Miami Herald, December 1, 2008 "The Financial Crisis," National Law Journal, December 1, 2008 "Overcriminalization in the Context of the MySpace Suicide Case," NACDL Update, November 27, 2008 "The United Kingdom's Bribery and Corruption Laws are Poised for a Major Overhaul during the First Half of the New Year," NACDL Update, November 25, 2008 "Scales of Justice: The Right to Counsel vs. the Need to Bar Tainted Legal Fees," The Wall Street Journal, November 20, 2008 "'Ionia Mgmt.': Challenge to Corporate Criminal Liability," New York Law Journal, November 19, 2008 "The Credit Crisis, The Law Enforcement Response, and Special Considerations in Internal Investigations of Subprime Debt Portfolios and Credit Default Swaps," Kaye Scholer LLP, October, 2008 "Reforming Corporate Criminal Liability to Promote Responsible Corporate Behavior," US Chamber Institute for Legal Reform, October, 2008 "KPMG Survey Finds Most Global U.S. Companies Face Challenges with their Anti-Bribery, Anti-Corruption Programs and Activities," November 3, 2008 "'Kozlowski': Using Internal Probes Against Employees," New York Law Journal, October 28, 2008 "Avoiding A Rush To Judgement: Overcriminalization and the Subprime Meltdown," Event, October 27, 2008 "The SEC Directs Staff Not to Ask Parties to Waive Attorney-Client or Work Product Privileges," National Law Journal, October 14, 2008 "SEC Releases its Internal Enforcement Division Manual," NACDL Announcement, October 6, 2008 "US v. Thurston," Court of Appeals for the First Circuit, October 2, 2008 "Another Limitation on Honest Services Fraud?" September 28, 2008 "Mortgage Fraud Sentencing Illustrates Anything-Goes Lending Environment," Kansas City Star, September 24, 2008 "'Leahy's Web Crime Bill to Become Law," Burlington Free Press, September 19, 2008 "SEC Expands Sweeping Investigation of Market Manipulation," U.S. Securities and Exchange Commission, September 18, 2008 "Defense Attorney Group Criticizes Charges Against S. Florida Lawyer," South Florida Sun-Sentinel, September 6, 2008 "Making It a Federal Case:�An Inside View of the Pressures to Federalize Crime," The Heritage Foundation, August 29, 2008 "White Collar Crime’s Gray Area: The Anomaly of Criminalizing Conduct Not Civilly Actionable," August 4, 2008 "'McNulty Memo' Triggers an Ultimatum," National Law Journal, July 7, 2008 "Backers Expect Attorney-Client Privilege Bill to Pass," New York Times, June 25, 2008 "Letter to Senator Leahy from former United States Attorneys in Support of Attorney-Client Privilege Protection Act," June 20, 2008 "Should Shareholders be Punished for Employees' Actions?" NACDL Press Release, June 6, 2008 2007 "KPMG Judge Questions Laws, Tactics Used in Corporate Cases," Wall Street Journal, September 28, 2007 "New Legislation Would Bolster Attorney-Client Rights in Investigations," The National Law Journal, July 26, 2007 "Scott Introduced The Attorney-Client Privilege Protection Act," The Virginian-Pilot & The Ledger-Star, July 16, 2007 "Defense Lawyers Bar Supports Attorney-Client Privilege Protection Bill," NACDL Press Release, July 12, 2007" "House Subcommittee Wants to Bolster Means to Combat Forced Waiver of Privilege," BNA, March 9, 2007 "Is the DOJ's New Policy on Prosecuting Corporations Real Reform or Business as Usual?" Law.com, Jan. 31, 2007 2006 "The 'McNulty Memo': Real Change, or Retreat?" The National Law Journal, Dec. 20, 2006 "Do Cooperation Agreements Diminish the Right to a Jury Trial in White-Collar Cases?" Law.com, Nov. 1, 2006 "Ex-Officials of Justice Dept. Oppose Prosecutors’ Tactic in Corporate Criminal Cases," The New York Times, Sept. 7, 2006 "Letter from Former DOJ Officials to Attorney General Alberto Gonzales," Washington Post, Sept. 7, 2006 "ABA Resolution on DoJ's Corporate Compliance Practices," Statement of NACDL President Martin S. Pinales, Aug. 9, 2006 "Senate Judiciary Committee Holds Hearing on Thompson Memorandum," Sept. 12, 2006 "Report from the Front Lines: The Thompson Memo and the KPMG Tax Shelter Case," Wall Street Lawyer, Aug. 2006 "Battle on Waivers Expanding,” The National Law Journal, May 15, 2006 "Justice Memo Stirs Up Another Storm," ABA Journal, April 28, 2006 "Business Coalition Wins Big on Thorny Waiver Issue," The National Law Journal, April 11, 2006 "Deferred White-Collar Prosecutions: New Terrain, Few Signposts," New Jersey Law Journal, April 11, 2006 "Lawyers Fear a DOJ 'Culture of Waiver,'" The National Law Journal, March 24, 2006 "NACDL Member Kent Wicker Testifies Before Sentencing Commission Regarding Attorney-Client Privilege and Work Product Doctrine," March 15, 2006 "ACLU, Corporate Groups Join Forces to Change Federal Policies," Corporate Counsel, March 8, 2006 "Corporate Lawyers Launch Attack on “Culture of Waiver,” Corporate Crime Reporter, March 6, 2006 "The Decline Of the Attorney-Client Privilege in the Corporate Context,” NACDL Survey Results, March 2, 2006 "NACDL Statement on Corporate Attorney-Client Privilege," Feb. 2006 "Deferred Prosecution Deal Raises Objections," National Law Journal, Jan. 30, 2006 2005 "U.S. Ends Prosecution Of Arthur Andersen," Washington Post, Nov. 23, 2005 "U.S. Chamber, Civil Liberties Union Ally to Limit Patriot Act," Bloomberg, Nov. 14, 2005 "Corporate America Lawyers Up," National Law Journal, Oct. 24, 2005 "Business Groups Want to Limit Patriot Act," The New York Times, Oct. 6, 2005 "Ted Wells: White-Collar Game Has Radically Changed," Corporate Crime Reporter, Sept. 23, 2005 "The Squeezing of Lawyer-Client Privilege," The New York Times, Sept. 7, 2005 "Waiving Privilege a Crucial Sentencing Issue," National Law Journal, Aug. 29, 2005 "Deferred Prosecutions on Rise in Corporate Bribery Cases," The National Law Journal, Aug. 17, 2005 "Comment Letters to U.S. Sentencing Commission Regarding Privilege Waiver Issue," Aug. 16, 2005 "ABA Passes Resolution That Attacks Coerced Waiver of Attorney-Client Privilege," ABA, Aug. 11, 2005 "The Applicability of the Attorney-Client Privilege to Non-Attorney Members of the Legal Team," Michael Levy and Todd Ellinwood, Spring 2005 "Court Overturns Arthur Andersen Conviction," The Associated Press, May 31, 2005 "'Corporate Death Penalty' Debate Reaches Top Court," Financial Times, April 26, 2005 "Deputizing Company Counsel as Agents of the Federal Government," Washington Lawyer, March, 2005 2004 "Washington's biggest crime problem," by William L. Anderson and Candice E. Jackson, Reason, April 2004 "Lighting dark corners of prosecution," by Karen Harned, The Daily Nonpariel, Feb. 5, 2004 "Making federal cases out of common crimes," by Jeff Donn, Associated Press, Jan. 18, 2004 "Bum Lobster Rap," by Ellen Podgor and Paul Rosenzweig, Washington Times, Jan. 6, 2004 "Measuring the Explosive Growth of Federal Crime Legislation," by Professor John S. Baker, Jr., Louisiana State University Law Center, 2004 2003 "The Overcriminalization of Social and Economic Conduct," by Paul Rosenzweig, Heritage Foundation, Apr. 17, 2003 2002 "The Chemical Security Act: Using Terrorism as an Excuse to Criminalize Productive Economic Activity," by Paul Rosenzweig, Heritage Foundation, Sep. 12, 2002 "Hanousek, Hong and Hansen: Pushing the Envelope on the Criminalization of Environmental Law," by Joe D. Whitley, David B. Weinstein, and David M. Meezan, Florida Chamber of Commerce: Civil and Criminal Environmental Enforcement Seminar, Jul. 17-19, 2002 2000 "Federal Grand Jury Reform Report & 'Bill of Rights,'" NACDL Report to the Commission to Reform the Federal Grand Jury, Mary 18, 2000 "Federalization of State Criminal Laws" by Michael Collora, Outline for Talk at New England Law School, Feb. 7, 2000 1999 Statement of NACDL Past President Gerald Lefcourt to the Senate Committee on Governmental Affairs, May 6, 1999 "In Our Every Deliberation...Time for Federal Crime Policy Impact Statements" by Gerald Lefcourt, Ronald Goldstock, and William Murphy, The Champion, May 1999 1998 ABA Federalization of Criminal Law Report (1998) Appendix C to the ABA Federalization of Criminal Law Report (1998) - List of federal laws 1995 "Polluting our Principles: Prosecutions and the Bill of Rights," by Timothy Lynch, Cato Institute, Apr. 20, 1995
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