Barry Bonds, Ramblin’ Man

 

The federal appeals court in San Francisco recently reversed baseball player Barry Bonds’s conviction for obstruction of justice.  The criminal charge and conviction arose out of testimony that Bonds gave to a grand jury investigating the illegal provision and use of steroids in major league baseball.  As the Ninth Circuit Court of Appeals summarized it:

During a grand jury proceeding, defendant gave a rambling, nonresponsive answer to a simple question.  Because there is insufficient evidence that Statement C was material, defendant’s conviction for obstruction of justice in violation of 18 U.S.C. 1503 is not supported by the record. Whatever section 1503’s scope may be in other circumstances, defendant’s conviction here must be reversed.

Why is this decision relevant to corporations, their employees and their lawyers?


The Old College Try, and The New College Tribunal

Or you'll get a preponderance-of-the-evidence disciplinary hearing.

Or you’ll get a preponderance-of-the-evidence disciplinary hearing.

In disciplinary proceedings involving claims of sexual assault, universities continue to find themselves in an intolerable situation, caught in a lawyer-triangle of the Department of Education’s Office of Civil Rights, student-complainants and the student-defendants.

In part, at least, as a result of OCR’s “Dear Colleague” letter to colleges and universities about Title IX and disciplinary proceedings, there has been an upsurge in reported instances of sexual assault on campus.

At the same time, there has been a sharp increase in lawsuits brought by student-respondents (that is, the male students who are accused), as this Wall Street Journal article details:  In Campus Rape Tribunals, Some Men See Injustice.

The scenario set out in the Journal article has become common, and one troubling from a due-process standpoint:

Last spring, Duke University expelled Lewis McLeod, a senior, for allegedly sexually assaulting a freshman woman in his room after meeting at a bar.

The woman had told Durham police Mr. McLeod had sex with her when she hadn’t wanted to. He said it was consensual. Police investigated but didn’t charge him.

A Duke University disciplinary panel didn’t find he gave her alcohol or used force. But the panel concluded it was “more likely than not” the woman didn’t agree to sex and was too intoxicated to consent. Regarding a degree, Duke lawyers later said: “Mr. McLeod is not entitled to that honor.”

Two weeks before he was to graduate, he became the first student Duke expelled for sexual misconduct under a new university policy.

Mr. McLeod, 24 years old, is suing Duke for his diploma, arguing the university unjustly made him an example to show a get-tough approach. “I believe that I’m wrongfully accused,” he says. “I believe that it was an unfair process and I believe I had something I earned taken away from me.”

His case is part of a broad and rapid change in how U.S. colleges and universities deal with sexual-assault allegations. Campuses have rewritten policies to lower the burden of proof for finding a student culpable of assault, increasing penalties—sometimes recommending expulsion. In the process, schools find themselves in legal minefields as they try to balance the rights of accuser and accused.

We have written about this issue before: Title IX, University Discipline, Sexual Assault and Parallel Proceedings.

Prelude to a parallel proceeding.

Prelude to a parallel proceeding.

Here is a slightly longer piece: Dear Colleagues All: University Discipline, Sexual Assault and The Department of Education.  Last year, we pointed out that:

Not surprisingly, most universities have proven themselves more adept at dealing with “academic” infractions then with “conduct” issues.  With the advent of coeducation and then a more culturally diverse (and potentially more fractious) student, faculty and staff composition, the proficiency gap between academic-related discipline and conduct-related discipline, in many instances, grew more pronounced.

Back in 2011, the federal Department of Education’s Office of Civil Rights issued a “Dear Colleague” letter on the subject of campus sexual assault and how, under Title IX, OCR expects colleges and universities to handle claims of sexual assault. More recently, a White House summit on campus sexual assault; a number of high-profile lawsuits and OCR investigations; and new congressional legislative interest have all conspired to mean that colleges and universities ignore the “Dear Colleague” situation to their peril.

Given the infamous “rape” case against Duke lacrosse players, one would think that Duke would take a more thoughtful approach to these matters, but things seem otherwise.  If one has any doubts about the university’s conduct in that matter, watch this new 60 Minutes piece about Mike Pressler, the Duke lacrosse coach whom the university forced to resign:


White-Collar Felon Registries, Hester Prynne and The Drive-By Truckers

No white-collar recidivism here.

No white-collar recidivism here.

Although one must admire the historicist sensibilities of a state legislature that just reinstated the firing squad  as a methodology for execution, the Utah legislature’s passage of a bill to create a white-collar crime registry modeled on sex offender registries is unwise where it is not silly.

As a New York Times article notes:

With just a point and a click, you can browse a face book of felons, a new government website that will warn of the danger these criminals pose to society.

Only these are not the faces of sex offenders and serial killers. These criminals are mortgage schemers and inside traders, most likely armed with nothing more than an M.B.A. or a law degree.

Their faces will soon appear online courtesy of the Utah Legislature, which on Wednesday approved a measure to build the nation’s first white-collar offender registry, appending a scarlet letter of sorts on the state’s financial felons. The registry — quirky even by the standards of a legislature that this week reinstated firing squads as a method of execution — will be replete with a “a recent photograph” of Utah’s white-collar offenders and, in case they try to run or hide, their “date of birth, height, weight, and eye and hair color.”

What are the issues here?
Lillian Gish (1893 - 1993) as Hester Prynne, white-collar felon.

Lillian Gish (1893 – 1993) as Hester Prynne, white-collar felon.

First, a white-collar registry would be “scarlet-lettering” without an offsetting benefit.  Politically satisfying, perhaps, but it is a “pitchfork” approach that upends proportionality and other counterweights that prevent a criminal justice system from turning into an inquisitorial system.  (We have written about pitchfork mentalities before: Stalking Horses, Pitchfork Crowds, Narrow Neckties, Mr. Rogers’s Slippers and Indicted Employees: 6 Steps To Dodge Being Deweyed and  Why Innocent People Plead Guilty: Judge Rakoff, Eddie Coyle, Albert Camus and Sweet Dreams of Oppression).

On the subject of The Scarlet Letter, consider Hawthorne and the core meaning of the story, which is about confession and redemption rather than legalism’s unforgetting (and unforgiving) recollection of sin.
With regard to “unforgetting,” a registry is  the inverse of the “right to be forgotten” movement, as represented by a recent Eurpean Union case.  Consider this from a Mockingbird article, Divine Memory and The Right to Be Forgotten:
In Hawthorne’s Scarlet Letter, protagonist adulterer Hester Prynne is saddled with a big red letter “A” to be worn on her chest at all times. The letter acts as a shaming reminder to the greater community to keep their sexuality in line. While Hawthorne goes on to make Hester a dignified example of the power of confession, top hits of Google searches aren’t unlike a big letter “a” for many whose mistakes just won’t go away. Identity is at the core of both stories . . . .  Should a foreclosure 16 years ago be part of the plaintiff’s identity? Who gets to control the ever-important first impression- the politician on his rebound or the Google search?
I've got my eye on you.

I’ve got my eye on you.

 

Second, a registry is most justified when there is a substantial body of evidence that offenders are very likely to recidivate; where the victim-population is peculiarly and legally unable to protect itself; and where the harm is not meaningfully compensable.  Sexual depredation of children satisfies these criteria, and thus we see widespread legal and cultural acceptance of sex-offender registries.

 

Although the data is mixed, white-collar felons, like nonviolent offenders in general, have a relatively low rate of recidivism.  Further, white-collar offenders commit money-crimes, and money-remedies are available if the offender is solvent (admittedly, sometimes a big “if”).

He's made his list, he's checked it twice and now it's on the internet.

He’s made his list, he’s checked it twice and now it’s on the internet.

Third, are citizens of Utah, like minors, peculiarly unable to be clothed with legal rights and responsibilities?  Paternalism may have its place, but here? The legislative assumption seems to be that Utahans in general and Mormons in particular are so naive or insular that they need to be protected from themselves.  Or, in the words of a Guardian (UK) article: Utah creates white-collar crime registry to protect ‘trusting’ Mormon population.

What next? Hasidic Jews? Southern Baptists? Episcopalians?  (The last denomination is unfair. I have no data on the subject, but anecdotal evidence suggests that many of the most temporarily successful white-collar offenders are, in fact, Episcopalians).
Fourth, the Utah Attorney General claims that white-collar crime is “epidemic” in Utah.  Again, from the Times:
“White-collar crime is an epidemic in Utah,” said Sean Reyes, the state’s attorney general who formulated the idea for the registry when he was a defense lawyer, “representing some of these bad guys.” A former mixed martial arts fighter who has a metal plate lodged in his eye socket from a basketball injury, Mr. Reyes noted that while violent crimes were devastating, many “physical wounds heal,” whereas white-collar crimes “can forever deplete your life savings.”
A handful of large dollar loss offenses do not an “epidemic” make.  According to the United States Sentencing Commission, fraud offenses account for only 5.2% of federal inmates — less than firearms offenses (18%) or pornography and prostitution (5.7%), and a figure dwarfed by drug offenses (51%).  The Bernie Madoffs of the world grab eye-popping dollar headlines, but the median loss in fraud offenses committed by offenders in the federal prison population is $696,295 — not a small sum, but a figure which is likely driven misleadingly high by Madoff-like numbers.  Even if it there were an epidemic, the solution is carefully crafted, clear laws that criminalize wrongful activities in a manner consistent with commonly accepted norms in Anglo American criminal law history.

A challenge getting to the keyboard.

A challenge getting to the keyboard.

Fifth, there is no reason to expect that the registry will provide any particular deterrence.  If the prospect of prison, financial ruin, loss of reputation, bankruptcy, dissolution of family, loss of law or CPA licenses, and debarment from federal contracting does not dissuade a bad actor, being put on a website will have little effect.

 

 

 

 

Law should be just, or it is not law, but on occasion it should be tempered with mercy, as the Drive-By Truckers point out in Mercy Buckets:

 


The Drinking Reader, Our Cocktails Magazine, Tom Jones and Other Weekend Matters

Cocktails on Flipboard.

Cocktails on Flipboard.

White Collar Wire supports cocktails.

As part of that effort, I have a magazine on Flipboard called (helpfully) “Cocktails.”  Follow here, read on and use good ice.

Two items we focus on — books and cocktails — come together in How to Build a Solid Drinking Library, by New York Times writer (and bartender) Rosie Schaap:

Are there places I like as much as great bars? Yes: great bookshops. And if I had to pick a favorite in the latter category, it’s Dog Ears Book Barn in the little town of Hoosick, N.Y. Conveniently, it’s just a little ways down Route 7 from the Man of Kent, one of America’s best bars. A couple of hours spent digging through Dog Ears for treasure, then bringing those books to the Man of Kent and perusing them over a few pints for a few more hours? That’s what I call a perfect day.

Read the entire piece here.

All you need (courtesy of Gear Patrol).

All you need (courtesy of Gear Patrol).

On the subject of cocktails, absinthe has made a comeback, as shown in Gear Patrol‘s piece on How to Drink Absinthe Like a Gentleman.

Absinthe’s history mirrors the way it’s meant to be prepared: a mix of the misunderstood and the legitimately unusual. For most of its existence, the spirit has been slandered, ostracized and, in rarer cases, revered. It’s been dragged across borders, masqueraded as other liquors, aspersed with hallucination claims and — since its ban was lifted in America in 2007 — the spirit has been secretly embracing it all.

“There’s a tradition. There’s a lure to the preparation of absinthe”, says Will Elliot, a bartender at Brooklyn’s Maison Premiere, an oyster and cocktail den with the allure of a New Orleans haunt. Absinthe, at 68 percent alcohol, is a compacted spirit. Once diluted with water, the essential oils and flavors loosen to reveal the drink’s nuances. Preparing an absinthe drink involves combining botanicals, flavors and aromatic elements, Elliot says. “It’s not the sort of spirit that you just toss back.” As for lighting it on fire, which often is brought up in discussions on how absinthe’s served, “You wouldn’t…that’s really damaging the alcohol”, Elliot says. He got behind the bar to debunk some myths and walk us through two traditional absinthe drinks — a drip and a frappe — and a new twist on an old cocktail.

The Martinez (via The Cabinet Rooms)

The Martinez (via The Cabinet Rooms)

From the The Cabinet Rooms blog, a recipe for the Martinez, a precursor to the modern martini:

Continuing our exploration into the world of gin, we’ve been perusing classic gin-based cocktails this week. One dating back to the 1880’s is the Martinez; a smooth and refreshing drink, packed full of herbal aromatics. Usually made by mixing gin, vermouth and bitters with either maraschino liqueur or orange curaçao, this drink is a great alternative to the Martini. We love the combination of the gin’s botanicals with the fruitier notes of the vermouth and sweetness of the maraschino. Here we’ve used Burleigh’s London Dry and garnished with a black cherry, soaked in a rich Kirsch syrup, for a touch of added luxury.

A frosty one.

A frosty one.

From the Garden & Gun blog, a video recipe  for a modern mint julep.

From The Telegraph, a review of fancy bitters:

“You’re writing about bitters – great beers!” my husband said. But no, with respect to him and Britain’s brewers, I’m going to talk about something far more chic and high fashion. And bitters – those little, apothecary-like bottles of intensely aromatic botanical tinctures – are about as on-trend as you can get right now.

This follows on from the premium gin craze, as what could be better than bitters to dash in your G&T? Angostura, the brand that most of us know, is good stuff, but do branch out and try other, distinctive smaller-batch bitters, such as the extraordinary range made by The Bitter Truth.

Finally, a clip of Tom Jones singing “She’s A Lady,” just because we can:


White-Collar Crime, DPAs and Repeat Business

Trying to keep your balance in a DPA.

Trying to keep your balance in a DPA.

The phenomenon of extending corporate deferred-prosecution agreements (or “DPAs”) continues, as here with medical device maker Biomet, and controversy inevitably ensues:

Life was supposed to return to normal for Biomet, the giant medical devices manufacturer accused of foreign bribery, when its federal probation expired next week. But on Tuesday, Biomet disclosed that prosecutors would extend its probation another year as they investigate new evidence of wrongdoing at the company, the Justice Department’s latest attempt to stem a widening pattern of corporate recidivism.

The Department of Justice, however, has been clear recently:

“Make no mistake: The criminal division will not hesitate to tear up a D.P.A. or N.P.A. and file criminal charges where such action is appropriate and proportional to the breach,” Leslie R. Caldwell, head of the Justice Department’s criminal division, said in a speech on Monday. “Just like an individual on probation faces a range of potential consequences for a violation, so, too, does a bank that is subject to a D.P.A.”

In the speech, Ms. Caldwell outlined her policy on repeat offenders in significant new detail. Noting that “we have a range of tools at our disposal,” she said the Justice Department could extend the term of a deferred-prosecution agreement while prosecutors investigate “allegations of new criminal conduct.” And when a breach has occurred, she said, “we can impose an additional monetary penalty” and “most significantly, we can pursue charges based on the conduct covered by the agreement itself — the very conduct that the bank had tried to resolve.”

We have written about DPAs and non-prosecution agreements (“NPAs”) here.

Builds wrist strength.

Builds wrist strength.

Note the reference to “a widening pattern of corporate recidivism.”  There may be such a pattern, and there are startling cases from  time to time, but hard data is scarce.  Anecdotally, we see few repeat white-collar customers on a significant scale, and for not unexpected reasons — cost, reputation and damage to stock price being the most common.


Liberty and Edward Thomas

Lady Liberty.

Lady Liberty.

“Liberty” is one of the foundational concepts of the American enterprise, individual liberty in particular.

To the white-collar practitioner (and client), the concept of liberty takes on a special urgency.

Edward Thomas

Edward Thomas

Edward Thomas was born in Lambeth, London, on March 3, 1878. His books include The Woodland Life (1896), In Pursuit of Spring (1914), and Last Poems (1918). Thomas died in World War I at the battle of Arras on April 9, 1917.  “Liberty” was published in Thomas’s book Poems (H. Holt & company, 1917).

Liberty

by Edward Thomas (1878-1917)

The last light has gone out of the world, except
This moonlight lying on the grass like frost
Beyond the brink of the tall elm’s shadow.
It is as if everything else had slept
Many an age, unforgotten and lost
The men that were, the things done, long ago,
All I have thought; and but the moon and I
Live yet and here stand idle over the grave
Where all is buried. Both have liberty
To dream what we could do if we were free
To do some thing we had desired long,
The moon and I. There’s none less free than who
Does nothing and has nothing else to do,
Being free only for what is not to his mind,
And nothing is to his mind. If every hour
Like this one passing that I have spent among
The wiser others when I have forgot
To wonder whether I was free or not,
Were piled before me, and not lost behind,
And I could take and carry them away
I should be rich; or if I had the power
To wipe out every one and not again
Regret, I should be rich to be so poor.
And yet I still am half in love with pain,
With what is imperfect, with both tears and mirth,
With things that have an end, with life and earth,
And this moon that leaves me dark within the door.



White Collar Wire Now on Facebook and Tumblr

Mr. Zuckerberg now relieved to have direct access to White Collar Wire.

Mr. Zuckerberg is now relieved to have direct access to White Collar Wire.

 

With some trepidation, we finally took the plunge and established a White Collar Wire page on Facebook.

Please go over there and “like” it, “friend” it and otherwise approve us.  I promise it will contain no vacation photos, nor my childrens’ witticisms nor Vine renditions of athletic events.

 

 

 

Can I buy a second vowel?

Can I buy a second vowel?

 

 

Even better, visually, is that White Collar Wire is now on Tumblr as well.

 

 

 

 

 

Finally, for sound business-crime weekend reading on either platform, you cannot do better than Smash Detective-Cases:

Principles of corporate criminal liability.

Principles of corporate criminal liability.


When Your Lawyer Dimes You In A Wireless World: Undercover Techniques and White-Collar Investigations

AM, FM or SiriusXM?

AM, FM or SiriusXM?

It has become commonplace to note the ascendancy in white-collar investigations of techniques previously reserved for investigations of organized crime and violent, life-and-death offenses.

Three recent articles bring the issue around again.

The New York Times notes that More Federal Agencies Are Using Undercover Operations:

The federal government has significantly expanded undercover operations in recent years, with officers from at least 40 agencies posing as business people, welfare recipients, political protesters and even doctors or ministers to ferret out wrongdoing, records and interviews show. . . .

Undercover work, inherently invasive and sometimes dangerous, was once largely the domain of the F.B.I. and a few other law enforcement agencies at the federal level. But outside public view, changes in policies and tactics over the last decade have resulted in undercover teams run by agencies in virtually every corner of the federal government, according to officials, former agents and documents. . . .

Some agency officials say such operations give them a powerful new tool to gather evidence in ways that standard law enforcement methods do not offer, leading to more prosecutions. But the broadened scope of undercover work, which can target specific individuals or categories of possible suspects, also raises concerns about civil liberties abuses and entrapment of unwitting targets. It has also resulted in hidden problems, with money gone missing, investigations compromised and agents sometimes left largely on their own for months.

The Wall Street Journal recently explained how a cooperating witness who was also general counsel of a company wore a video camera while talking with the CEO: DOJ Returns to Bare-Knuckle Tactics in Bribery Case.  In particular,

U.S. Justice Department officials have said that despite the setbacks, the use of aggressive law enforcement tactics would continue. Last September, Marshall L. Miller, the deputy chief of the Justice Department’s criminal division, said wiretaps, body wires and physical surveillance “have become a staple in our white collar investigations.  I can promise you we will continue to use them.”

Finally, Compliance Week points out that co-employees can be wired up: ‘Extraordinary’ Cooperation Allows SAC Capital Defendant to Avoid Prison  .

Among other things, Freeman assisted prosecutors by recording conversations with Longueuil. This led to some extraordinary evidence for prosecutors such as a now-famous recorded statement by Longueuil about how he disposed of an incriminating “log” of insider information that was on a USB flash drive. Longueuil said he took

two pairs of pliers, and then you rip it open. Pulled the external drives apart. … Put ‘em into four separate little baggies, and then at 2 a.m. … 2 a.m. on a Friday night, I put this stuff inside my black North Face … jacket, … and leave the apartment and I go on like a 20 block walk around the city … and try to find a, a garbage truck … and threw the sh*t in the back of like random garbage trucks, different garbage trucks … four different garbage trucks.

 

The good old days.

The good old days.

As a point of personal privilege, I may be excused for cheering the vigor with which federal law-enforcement treats a Joseph A. Bank-wearing white-collar employee as though she or he were an ISIS-trained Bonnie or Clyde.  Such an approach generates more work for me and my fellow white-collar defense lawyers.  There is much to be said for that prospect.

As a policy matter, however, what is the significance of the use of traditional organize crime techniques against business people?  And what is the significance of this phenomenon for those people and the businesses they try to advance?

There are doubtless multiple significant – and, as yet, unknowable – aspects to this practice. The most obvious aspect, however, is the continued erosion of the distinction between violent and nonviolent crime for purposes of investigation, indictment and sentencing.  When a prosecutor – or any lawyer – uses the same tool in Case A and Case B, by definition he or she sees those two cases to be substantively and procedurally analogous. (Otherwise, it would be a waste of time to use the same two in both cases).

In light of the power that a federal prosecutor wields, the erosion of that distinction can lead to an overbroad reading of the criminal statutes and related regulations.  Many of those statutes are already broad, indecipherable and protean by virtue of the fact that Congress drafted them.

What crime shall we define this evening?

What crime shall we define this evening?

In that regard, political bloodlust that can arise on certain topics. Child pornography is one.  Crime-in-the-suites is another.  Political bloodlust is an important aspect of our consideration of the application of organized crime investigatory techniques to business offenses.  Being “tough on crime” is rarely a political loser; being tough on sound-bites and abstractions such as “Wall Street,” “bankers” or “polluters” is equally attractive to federal legislators.

In addition, the erosion of the distinction is cheered on by the most sophisticated members of the plaintiffs’ bar as well as by single-issue activists who otherwise would have little or nothing to do with the criminal law.

So what? If a tool can investigate and prevent one type of crime, why not apply it to another type of crime? Why should a white-collar defendant get a pass from the rough-and-tumble techniques used on Banjo the Meth Dealer?  In any event, one might argue, there are safeguards already in place with regard to these techniques, without regard to the subjects of the investigation.

In other words, why is Sharman so wrapped around the axle on this question?

Unwrapping myself from the axle, I identify at least four separate problems here.

First, erosion of the distinction between street crime and “suite crime” skews the selection of cases to prosecute. In particular, questions of intent with regard to street crime, while certainly present, rarely pose the same kinds of nuances and knotty problems that the question of intent presents in white-collar cases.

Second, as illustrated by the Wall Street Journal article, erosion of the distinction implicates the attorney-client privilege:

Within the Treasury Department, undercover agents at the I.R.S., for example, appear to have far more latitude than do those at many other agencies. I.R.S. rules say that, with prior approval, “an undercover employee or cooperating private individual may pose as an attorney, physician, clergyman or member of the news media.”

An I.R.S. spokesman acknowledged that undercover investigators are allowed to pose in such roles with approval from senior officials. But the agency said in a statement that senior officials “are not aware of any investigations where special agents have ever posed as attorneys, physicians, members of the clergy or members of the press specifically to gain information from a privileged relationship.”

The agency declined to say whether I.R.S. undercover agents have posed in these roles in an effort to get information that was not considered “privileged,” meaning the type of confidential information someone shares with a lawyer or doctor.

Giving advice.

Giving advice.

Banjo the Meth Dealer may have “counselors,” but they are likely to be chosen because they are armed, inked and loyal, rather than for their legal advice.  (Of those three qualities, I claim one but decline to identify it).  When a company’s general counsel videos his CEO; when IRS agents can permissibly pose as attorneys; or when HHS OIG agents as physicians, we have entered a world that is deeply threatening to perhaps the oldest privilege in Anglo-American law.

Third, the proliferation of undercover agents and secret monitoring can result in a bitter comedy of errors. The Journal, again:

Across the federal government, undercover work has become common enough that undercover agents sometimes find themselves investigating a supposed criminal who turns out to be someone from a different agency, law enforcement officials said. In a few situations, agents have even drawn their weapons on each other before realizing that both worked for the federal government.

One is put in mind of the fine mob movie The Departed with Jack Nicholson and Leonard DiCaprio, in which Nicholson’s character (somewhat reminiscent of Whitey Bulger) has a gang in which almost everyone is working for a state or federal agency:

Fourth, sound discretion and public perceptions of justice are skewed when federal investigatory entities get at least a portion of their funding from successful undercover activity and other secret operations.  This system, even with some checks and balances, is not an incentive but, rather, an outright bounty.

Not your lawyer, hopefully.

Not your lawyer, hopefully.

You can always follow our advice about preserving the attorney-client privilege.   Barring a political and technological sea-change, however, there is no reason American companies should expect that the government’s hunger to use mob-oriented techniques in the business context will abate any time soon.


Crime, Cocktails, Fiction and Scripture: blogs, links and sources on white-collar crime, cocktails, crime fiction and theology

I know that page is here somewhere.

I know that page is here somewhere.

We have recently updated and supplemented our “Blogs | Links | Sources” page here.  It might be the most useful page on the site, with multiple links to writers and journalists dealing with White Collar Wire’s primary afflictions: white collar crime, cocktails, crime fiction and theology.

Blogs|Links|Sources

White Collar Generally

Walt Pavlo  — excellent source of daily news and commentary.  Also, see his articles in Forbes.

PonziTracker — by Jordan Maglich.  The source for all things Ponzi.

DealBook — New York Times blog led by Andrew Ross Sorkin.

White Collar Crime Prof Blog — thoughtful source edited by Ellen Podgor, with contributions by Solomon Wisenberg.

White Collar Watch — by Peter J. Henning, a professor at Wayne State University Law School and the author of “The Prosecution and Defense of Public Corruption: The Law & Legal Strategies.” Before teaching, he worked at the Securities and Exchange Commission’s enforcement division and then as a prosecutor at the Justice Department.

FCPA Professor — all FCPA, all the time.  Blogged by  Mike Koehler, a law professor at Southern Illinois University.

WSJ Risk and Compliance  — the compliance blog of the Wall Street Journal.  It “provides news and commentary to corporate executives and others who need to understand, monitor and control the many risks that can tarnish brands, distract management and harm investors. Its content spans governance, risk and compliance and includes analysis of the significance of laws and regulations, the risks inherent in global expansion and the protective moves taken by companies.”

Sentencing Law & Policy — a blog devoted entirely to sentencing issues from Douglas A. Berman, a law professor at Moritz (Ohio State).

Cyb3rcrim3 — notes on digital-crime cases by Susan Brenner, a law professor who speaks, writes and consults on cybercrime and cyberconflict.

The BLT — the blog of The Legal Times (Washington, D.C.).  Not a white-collar blog, strictly speaking, but often has news items of note.

Brandon L. Garrett and Jon Ashley, Federal Organizational Prosecution Agreements, University of Virginia School of Law, at http://lib.law.virginia.edu/Garrett/prosecution_agreements/home.suphp — interesting collection of deferred-prosecution and non-prosecution agreements (“DPAs” and “NPAs”)

ABA White-Collar Blog Directory  — the American Bar Association Journal “Blawg” list of white-collar crime blogs.  Some are better than others.

NACDL White-Collar Crime  — the white-collar page of the National Association of Criminal Defense Lawyers.  Useful  resources.

University of Richmond Anti-Bribery Database  —  good resources for researching various legal topics relating to anti-bribery law in international business.

William & Mary Law School Library White-Collar Materials  — some items are only available at the Wolf Law Library, but generally a good guide.

 

All three branches.

All three branches.

Government

DOJ — the United States Department of Justice main site.

U.S. Attorneys’ Manual  — searchable DOJ policy.

United States Sentencing Commission  — good resource for Guidelines applications, cases, news and proposed rules.

Supreme Court — search for slip opinions.

FINCEN  — the Financial Crimes Enforcement Network at the Department of the Treasury.

Environmental Crimes Section at DOJ  — federal environmental criminal investigation and enforcement.

Administrative Office of the U.S. Courts  — especially useful for statistics and the basics of the federal judicial system.

DEA — the federal Drug Enforcement Administration.

ICE  — U.S. Immigration and Customs Enforcement is “the principal investigative arm of the U.S. Department of Homeland Security (DHS). Created in 2003 through a merger of the investigative and interior enforcement elements of the U.S. Customs Service and the Immigration and Naturalization Service, ICE now has more than 20,000 employees in offices in all 50 states and 47 foreign countries.”

SEC and DOJ Resource Guide on the FCPA   — guidance document on the FCPA issued by DOJ and the SEC.

SEC — the federal Securities and Exchange Commission.

SEC’s Office of the Whistleblower   — the SEC’s Office of the Whistleblower, which administers the SEC’s whistleblowers’s program.

Eleventh Circuit Pattern Jury Instructions Builder  — an on-line program that allows you to easily and quickly generate federal court jury instructions.  Easy to use, and very handy.

Fifth Circuit Library’s Collection of Pattern Jury Instructions — pattern instructions for the Fifth Circuit and other federal circuits.  No online “builder” function, but some are downloadable in Word or pdf.

Federal Public Defender Northern District of Alabama  — the Office of the Federal Public Defender for the Northern District of Alabama, headed by Kevin Butler.

 

Ladies first.

Ladies first.

Cocktails

gazregan — the website of “gaz regan, the bartender formerly known as Gary Regan, works six shifts at The Dead Rabbit in New York City.  Every year.”  Cocktail recipes, newsletters and books.  Bartending news.

Daily Shot — The Garden & Gun Blog — from Garden & Gun magazine.  Southern food, but often drinks, too.

Gastronomista — Gastronomista is an art and design blog focused on the culture of food and drink, and was founded in October of 2009 as a way to keep track of delicious treasures, tipples, and trips around the world. It is run by Emily Arden Wells who pens under the name Miss Emma Emerson, who is an architect by day, writer and avid drinker by night.

Mouthing Off  — the cocktails-blog of Food & Wine magazine.

Cocktail Whisperer  —  “Cocktail and food musing from Rum judge Warren Bobrow.”  He is the cocktail writer for Foodista.

Epicurious Drinks  — cocktails from Epicurious.  Also, Epicurious cocktail Recipes

Esquire Drinks Database — a collection of cocktail recipes from Esquire magazine.

The Poisoned Martini  —  a blog and site that combines mystery fiction and cocktails.

Bourbon Blog — mostly bourbon.

Slainte — all Irish whiskey.

Beer Advocate — its motto is “Respect Beer.”

Liquor.com — from Huffington Post.  Name says it all.

 

Awkward.

Awkward.

Crime Fiction

The Rap Sheet — rich source of news, book reviews, new releases, trade show information and sources.

The Poisoned Pen  — blog of The Poisoned Pen, an excellent mystery bookstore in Scottsdale, Arizona.

The Mysterious Bookshop — blog from The Mysterious Bookshop, a longstanding store in New York.

Dead Good  — a Random House-run site from the United Kingdom.

Crime Fiction Lover  — news and reviews.

Killer Covers — outstanding vintage covers from crime novels.  Killer Covers is a companion project of The Rap Sheet, a news and features resource for crime-fiction fans, edited by J. Kingston Pierce.

Dead Guys In Suits —  all gangsters, all the time.  Written by Pat Downey, the author of Legs Diamond: GangsterGangster City: The History of the New York Underworld 1900-1935 and Bad Seeds in the Big Apple: Bandits, Killers & Chaos in New York 1920-1940.

Existential Ennui     —- a UK site.  “The chronicle of a chronic book collector.”

 

Archbishop Cranmer.

Archbishop Cranmer.

Theology

Cathedral Church of the Advent   —-   “a Gospel-centered church, with a ‘living, daring confidence in God’s grace”’(Martin Luther) evident in any of our programs and ministries.  Holding to what the Letter of Jude calls ‘the faith that was once for all delivered to the saints’, this Gospel focus finds the Cross and Resurrection of Jesus ever and only at the center.

Advent BIAY — the Advent’s Bible-In-A-Year blog.

Mockingbird —  “connecting the Christian faith with the realities of everyday life.”

Titus One Nine  — edited by Kendall Harmon.

Truth For Life — the blog of Alistair Begg’s ministry.

My Utmost For His Highest  — daily readings from Oswald Chambers (1874-1917).  Here’s his bio.

Christ Episcopal Church — in Charlottesville, Virginia.