• Uncategorized

    Why Is Insider Trading Sometimes Civil and Sometimes Criminal?

    Here’s  an easy-to-read primer by @WaltPavlo in @Forbes on the difference between civil and criminal prosecutions of insider trading: Insider Trading: Civil Or Criminal Crime? In particular, note two observations: (1) the combination of new technology with old-fashioned mob and gang investigation tools (such as audio and video surveillance) means that developing evidence of wrongful intent is easier than in the past and (2) by anecdote, at least, civil defendants appear to be no more likely to re-offend than criminal defendants which, if supported by data, has implications for the proper exercise of prosecutorial discretion.  

  • Cocktails

    Weekend Cocktail Notes from White Collar Wire

    “’This is a good place,’ he said. ‘There’s a lot of liquor,’ I agreed.” ― Ernest Hemingway, The Sun Also Rises Gin is juniper, in our opinion.  Gin should not be “citrus-forward”: Is The Gin Category In Danger of Losing Its Way?  F. Scott Fitzgerald, On Booze From the advertising blurb: “First you take a drink,” F. Scott Fitzgerald once noted, “then the drink takes a drink, then the drink takes you.” Fitzgerald wrote alcohol into almost every one of his stories. On Booze gathers debutantes and dandies, rowdy jazz musicians, lost children and ragtime riff-raff into a newly compiled collection taken from The Crack-Up, and other works. On Booze…

  • Crime Fiction

    Browning: “the poet, not the automatic”

    Does reading literary fiction really increase your social intelligence?  Here: I Know How You’re Feeling, I Read Chekhov Maybe.  But what about crime fiction?         A little Raymond Chandler increases the social intelligence you really need.  The best crime fiction illumines sin, salvation and manners as well as Chekhov. See this 1977 essay on Chandler by Clive James:  The Country Behind The Hill ‘In the long run’, Raymond Chandler writes in Raymond Chandler Speaking, ‘however little you talk or even think about it, the most durable thing in writing is style, and style is the most valuable investment a writer can make with his time.’ At a…

  • Sentencing

    Alabama’s New Sentencing Guidelines

    A good summary from Sentencing Law and Policy Blog about Alabama’s new sentencing guidelines: I find it so very telling that when states create sentencing guidelines which generally push judges away from long prison terms (unlike the federal guidelines which general push judges toward long prison terms) we hear state prosecutors complaining that use of guidelines at sentencing does not capture all the unique facets of offenses and offenders. This provide for me still more proof that the severity of applicable rules is what really shapes the litigants perspectives as to whether sentencing guidelines should be presumptive or merely advisory. For lots of reasons, and perhaps especially because Alabama’s sentencing…

  • Securities Fraud,  Sentencing

    From our friends at the White Collar Crime Prof Blog

    Quick collection of white-collar news from the   White Collar Crime Prof Blog: Mark Hamblett & Sara Randazzo, The AmLaw Daily, Ex-Kirkland Partner Sentenced to One Year For Tax  Fraud George J. Terwilliger III, National Law Journal, Walking a Tightrope in White-Collar Investigations AP, Las Vegas Sun, Ex-Akamai exec barred for 5 years in SEC case; Bob Van Voris, Bloomberg, Ex-Akamai Executive Settles SEC Suit Over Rajaratnam Tips Nate Raymond, Reuters, Baltimore Sun, U.S. prosecutor cautions against white-collar sentencing revamp Jennifer Koons, Main Justice, Former Enron Prosecutor Tapped to Head Criminal Division Zachery Fagenson, Reuters, Ex-Bolivian anti-corruption official denied bail in Miami extortion case

  • Compliance,  Health Care

    Tuomey, Stark, FCA and Advice of Counsel

    This has been a long saga, even by FCA standards: Judge orders Tuomey to pay $276.8 million for Stark, False Claims Act violations (via ModernHealthcare.com). In summary: A federal judge ordered South Carolina’s Tuomey Healthcare System to pay $276.8 million for violating laws that bar hospitals from paying doctors to refer Medicare patients for treatments. On Tuesday, U.S. District Judge Margaret Seymour ruled against Tuomey (PDF) on virtually every post-trial issue and granted the government’s request to impose $39.3 million in Stark penalties and another $237.5 million in False Claims Act fines. Seymour also rejected Tuomey’s attempts in legal filings to nullify the verdict. The damage amount is believed to…