Lauren Bacall and The Big Sleep: Film Noir Cool, White Collar Crime, Cocktail Cold

Lauren Bacall

Lauren Bacall

To the extent that it reflected crime, Lauren Bacall’s work was noir, not white-collar; black, not white; guns, not accounting fraud.  Yet, there was an elegance and a fierceness about her films – especially those with Humphrey Bogart – that are familiar to those who work in a white-collar crime landscape.

David Brooks, writing in the New York Times, reflects on The Bacall Standard.  In particular:

[Raymond] Chandler was not particularly kind to women, though. It was up to the director Howard Hawks and his star, Lauren Bacall — who died this week — to give that era a counterpart female ideal, a hero both tough and tender, urbane and fast-talking, but also vulnerable and amusing.

Vivian Rutledge, the lead female character in the movie version of Chandler’s “The Big Sleep,” is stuck in a classic film noir world. Every situation is confusing, shadowed and ambiguous. Every person is dappled with virtue and vice. Society rewards the wrong things, so the ruthless often get rich while the innocent get it in the neck.

The lead character, played by Bacall, emerges from an ambiguous past, but rises aristocratically above it. She has her foibles; she’s manipulative and spoiled. But she’s strong. She seems physically towering, with broad shoulders and a rich, mature voice that is astounding, given that Bacall was all of 20 years old when she made the picture.

We’ve written about Chandler before: Browning (The Poet, Not The Automatic).  Speaking of Chandler’s dialogue in The Big Sleep (both the book and the film), Brooks notes:

The heiress greets Marlowe with a put-down: “So you’re a private detective. I didn’t know they existed, except in books, or else they were greasy little men snooping around hotel corridors.”

But he’s self-sufficient enough to stand up to her. He wins her over with a series of small rejections. And he can match her verbal pyrotechnics. When she says she doesn’t like his manners, he comes straight back at her: “I’m not crazy about yours. … I don’t mind if you don’t like my manners. I don’t like them myself. They’re pretty bad. I grieve over them long winter evenings.”


Here is a detailed Becall piece from The Rap Sheet, an excellent crime-fiction blog.  An excerpt:

A former theater usher and fashion model, Bacall first came to prominence in 1944, when, at age 19, she starred with 44-year-old Humphrey Bogart in To Have and Have Not, a film based loosely on Ernest Hemingway’s 1937 novel of the same name. Her famous double entendre-laced line, delivered to a smoking, reclining Bogie–“You know how to whistle, don’t you, Steve? You just put your lips together and … blow”–knocked out movie-going audiences everywhere, and had no less impact on Bogart himself. At the time he was already on his third marriage, to actress Mayo Methot, but he divorced her the next year to wed Bacall, or “Baby” as he called her. The pair were together only until his death in 1957, but if Bogie’s ghost is still anywhere around today, he’s whistling for her to join him today.

Ghosts.  Noir fiction and films worked on many levels, not least the theological (as we discussed in Red Harvest: Crime Fiction and Gospel Conviction).   And, at their best, they are art, as Chandler wrote in The Simple Art of Murder:

In everything that can be called art there is a quality of redemption. It may be pure tragedy, if it is high tragedy, and it may be pity and irony, and it may be the raucous laughter of the strong man. But down these mean streets a man must go who is not himself mean, who is neither tarnished nor afraid. The detective in this kind of story must be such a man. He is the hero, he is everything. He must be a complete man and a common man and yet an unusual man. He must be, to use a rather weathered phrase, a man of honor, by instinct, by inevitability, without thought of it, and certainly without saying it. He must be the best man in his world and a good enough man for any world. I do not care much about his private life; he is neither a eunuch nor a satyr; I think he might seduce a duchess and I am quite sure he would not spoil a virgin; if he is a man of honor in one thing, he is that in all things. He is a relatively poor man, or he would not be a detective at all. He is a common man or he could not go among common people. He has a sense of character, or he would not know his job. He will take no man’s money dishonestly and no man’s insolence without a due and dispassionate revenge. He is a lonely man and his pride is that you will treat him as a proud man or be very sorry you ever saw him. He talks as the man of his age talks, that is, with rude wit, a lively sense of the grotesque, a disgust for sham, and a contempt for pettiness. The story is his adventure in search of a hidden truth, and it would be no adventure if it did not happen to a man fit for adventure. He has a range of awareness that startles you, but it belongs to him by right, because it belongs to the world he lives in.

David Brooks gets the next-to-last word:

The feminine ideal in “The Big Sleep” is, of course, dated now. But what’s lasting is a way of being in a time of disillusion. At a cynical moment when many had come to distrust institutions, and when the world seemed incoherent, Bacall and Bogart created a non-self-righteous way to care about virtue. Their characters weren’t prissy or snobbish in the slightest. They were redeemed by their own honor code, which they kept up, cocktail after cocktail.

 

Speaking of cocktails.

Speaking of cocktails.

In the scene from The Big Sleep with the bookshop girl (played by Sonia Darrin), Bogart mentions that he has a bottle of rye in his pocket:

For some background on rye, an article from The AtlanticHow Rye Came Back.

In Bacall’s memory, here’s a recipe for a rye Manhattan.  Have one tonight.

Noir or white-collar, it's the rye Manhattan.

Noir or white-collar, it’s the rye Manhattan.


White-Collar Motive, Gun Crazy Movie

Gun Crazy (1950)

In 1950, producers Frank and Maurice King released Gun Crazy, a sometimes surreal Bonnie-and-Clyde story with an introverted, pacifist gun lover (Barton Tare, played by John Dall) and an English femme fatale sharpshooter  (Annie Laurie Starr, played by Peggy Cummins).  Carried forward by his lust for and fascination with Annie, the non-violent Bart — without thinking or planning — becomes a robber and, eventually, an accessory to murder.

A classic American film noir, Gun Crazy has merited a book (Eddie Mueller’s Gun Crazy: The Origin of American Outlaw Cinema) and much commentary by film buffs.  It also gives us insight into a common question in white-collar cases: “Why did he [or she, but usually he] do it?”

The question of motive in white-collar cases is not an idle one but, rather, has implications for how prosecutors charge; how juries hear evidence; how defense lawyers defend; and how judges sentence.

But first, a little about this very strange, very cool movie.

The most famous scene is the bank robbery, which is one, long 7-minute shot.  It’s long, so you may want to come back to it:

 According to Wikipedia:

The bank heist sequence was shot entirely in one long take in Montrose, California, with no one besides the principal actors and people inside the bank alerted to the operation. This one-take shot included the sequence of driving into town to the bank, distracting and then knocking out a patrolman, and making the get-away. This was done by simulating the interior of a sedan with a stretch Cadillac with room enough to mount the camera and a jockey’s saddle for the cameraman on a greased two-by-twelve board in the back. [The director] kept it fresh by having the actors improvise their dialogue.

In other words, when actor John Dall hopes aloud that there is parking place, he isn’t kidding: other than the people inside the bank, nobody knew that there was a movie being made or a bank robbery about to be staged, and no parking space had been reserved.

And what is the point of this for us white-collar readers?

The point is that almost nobody starts out to be a white-collar offender, any more than Bart starts out to be a bank robber.  People rarely say on Monday: “Note to self – commit mail fraud by the end of the week.”  The question is less one of “intent” and more one of “motive.”

Academic analysis bears upon the question of motive in ways inconsistent with popular thinking.  Consider Harvard Business School professor Eugene Soltes, from the introduction to his fine volume Why They Do It: Inside the Mind of the White-Collar Criminal (2016):

Many people, federal prosecutors, scholars, and media commentators claim that executives make decisions, including criminal ones, through explicit cost – benefit calculation.  Although such deliberate reasoning is consistent with the way many business decisions are made, this exclamation seems that odds with how these former leaders made the choices that eventually led them to prison.  Mini we’re not mindfully weighing the expected benefits against the expected costs. If they had been, even the remote chance of being caught and sent to prison, upending their otherwise comfortable lives, would have weighed heavily on their conscience.  But I didn’t see this. Instead, I found that they expanded surprisingly little effort deliberating the consequences of their actions. They seem to have reached their decisions to commit crimes with little thought or reflection. In many cases, it was difficult to say that they had ever really “decided” to commit a crime at all.

Business crime?

Soltes goes on to say later in the book:

The prevailing ideas around reducing white – collar criminality rely on the assessment that executives are reasoning and calculative when they decide to commit and illegal act.

The emphasis on viewing cost – benefit analysis as a psychological model of choice rather than as simply a description of behavior has led to a particular notion of why once successful and intelligent executives commit white – collar crime long – namely, that these executives make thoughtful and deliberative calculations to break the law when doing so serves their needs and desires.  They are not making hasty decisions with clouded judgment.  Their personal failure lies in reasoning that the illicit choice is the ” appropriate” one.

 [T]he trouble with this theory is that it doesn’t seem to match especially well with how executives who engage in white-collar crime actually think.

Why does this matter?

After all, many people (and almost all prosecutors) would argue that the “why” of things does not matter in the criminal context.  In other words, they say, although “intent” is relevant, “motive” is not.  The only important question, under this approach, is whether the person charged had sufficient “culpable intent” or a “guilty mind.”  Under this view, “motive” is neither inculpatory nor exculpatory, even though the Federal Rules of evidence do allow, under certain circumstances, evidence to be admitted as proof of motive.  (Consider Federal Rule of Evidence 404(b), which allows bad acts to be offered as evidence of motive).

But motive does matter.  It matters for charging decisions.  It matters for how juries hear evidence in the courtroom and how lawyers speak with them.  And it matters for sentencing.

Closed-door proceedings.

Charging Decisions

Prosecutors have discretion, as they should, with regard to whom to charge (and for what).  If the cost-benefit model that Soltes describes is the governing lens through which a charging decision is made, then it is reasonable to expect that there will be over-charging (or at least more aggressive charging) as compared to an approach that, in a more nuanced fashion, appreciates the way business people actually make decisions.  If I believe that your action is the result of a careful, cold cost-benefit analysis, I will conclude, other things being equal, that a more serious charge is due.  As you sow, so shall you reap.

On the other hand, if I understand that rather than cost-benefit analysis what I am seeing is something more akin to business negligence, I may reasonably decide that a less serious charge (or no charge at all) is due. In Soltes’s words, if what I as the prosecutor see is “little effort deliberating the consequences of [one’s] actions,” I may think differently: after all, negligence, even gross negligence, is not normally the province of the criminal courts.

Maybe a cutaway would help.

How Juries Hear

Motive colors the jury’s intake of evidence, and the prevailing zeitgeist of cost-benefit analysis works against the presumption of innocence (itself a largely extinct species, as I have discussed here and here and here.

Why is this so?

Distrust of business — and especially of large organizations, global institutions and the financial-services industry — is high among jurors across multiple demographics and political orientations.  The caricature of the cold, calculating “fat cat” businessperson fits neatly with popular suppositions — and, sometimes, conspiracy theories — about business and finance.  No amount of pretrial questionnaires or voir dire can address these deep-seated concerns with any regular success.  At trial, the Government understandably seeks to tap into these veins of distrust and fear.  And, once the jury hears at least some evidence confirming its initial biases, it is almost impossible, even for the most skilled defense lawyer, to turn them around.

On the other hand, if the jury rejects “cost-benefit” assumptions and believes that, in general, most white-collar defendants are not “reasoning and calculative” when they act (Soltes again), two things may happen.

First, the near-extinct presumption of innocence may be revived.

Second, if even some members of the jury conclude that the defendant was mindless (or just stupid), the chances increase that evidence offered by the Government will be examined more critically.

Just do the math.

Sentencing

If cost-benefit analysis is a religion in white-collar cases, the fraud tables and the concept of “loss” in the federal Sentencing Guidelines constitute its liturgy.  Were we to adopt a more realistic understanding of business decisionmaking in the context of white-collar offenses, we would reconsider the content and deployment of at least portions of the Guidelines.

The loss table in USSG 2B1.1.(b) is just math, a form of cost-benefit bracketing. The table attempts to impose a “cost” to a victim that it considers (or the Sentencing Commission considers) commensurate with a defendant’s “benefit.”

Laypersons are always surprised to learn that “loss” under the Guidelines does not mean “loss.”  In fact, “loss” can mean “no loss.”  (The dollar amount of loss to someone that the court believes the defendant “intended” to cause can be sufficient, even if there is no actual dollar loss to anyone). In a cost-benefit analytical regime, this idea of notional loss may be tolerable: we assume a calculation on the part of the business defendant and thus are more willing to accept a notional loss.

A more realistic view of business decisonmaking would go a long way towards restoring balance is an unbalanced white-collar system.

And, even if you disagree with me, you really should watch Gun Crazy.

Perhaps, like Annie, we all just “want things, a lot of things, big things.”  The question is: When do we go to prison for it?

 


The Freedom of Little Joe Cartwright: Tax Crime, Edgar Allan Poe, Noir Film and Lacrosse

Notes for the week.

Prosecuting Individuals

Federal criminal tax lawyer Jack Townsend blogs at Federal Tax Crimes.  Here is his note on Prosecuting Corporate Employees, particularly in the tax context:

I have previously blogged on Professor Brandon Garrett (UVA Law) who have carved out an academic niche on how the Government deals with corporate crime, particularly large corporate crime (the too big to jail group). See e.g., Judge Jed Rakoff Reviews Brandon Garrett’s Book on Too Big to Jail: How Prosecutors Compromise with Corporations (Federal Tax Crimes Blog 2/10/15), here. At the risk of oversimplifying his arguments, I summarize them in part relevant to this blog entry: When the Government goes after corporate misconduct, it too often focuses only on the corporation in terms of criminal sanctions and not the individuals, particularly those higher up the chain, who committed the underlying conduct. Corporations cannot go to jail; individuals can. Prosecuting and convicting individuals in addition to corporations could, he thinks, provide more front-end incentive for individuals to forego illegal conduct within the corporations. However, as fans of tax crimes know at least anecdotally, it is hard to convict higher level corporate officers for conduct that their underlings actually commit. The poster child example is the acquittal of Raoul Weil, a high-level UBS banker who “remoted” himself from the dirty work of actually servicing U.S. taxpayers seeking to evade U.S. tax. See e.g., Raoul Weil Found Not Guilty (Federal Tax Crimes 11/3/14; 11/6/14).

Mr. Townsend goes on to discuss the DOJ’s Yates Memorandum and new work by University of Virginia law professor Brandon Garrett.  Professor Garrett’s website (Federal Organizational Prosecution Agreements) is the best compendium of deferred-prosecution and non-prosecution agreements.

Michael Landon ("Little Joe Cartwright") being served with a subpoena (1968)

Michael Landon (“Little Joe Cartwright”) being served with a subpoena (1968)

Another useful Townsend post addresses a common issue — the Government’s attempt to muzzle the recipients of subpoenas:

In United States v. Gigliotti, 2015 U.S. Dist. LEXIS _____ (ED NY 12/23/15), here, Judge Dearie denied a motion to suppress evidence obtained pursuant to grand jury subpoena that unlawfully contained the following:
YOU ARE HEREBY DIRECTED NOT TO DISCLOSE THE EXISTENCE OF THIS SUBPOENA, AS IT MAY IMPEDE AN ONGOING INVESTIGATION.

Sound familiar?  Read the entire piece at Judge Criticizes Prosecutor’s Use of Language Directing Secrecy for Receipt of Grand Jury Subpoena.  We have written about the grand jury previously herehere and here.  If you are to young (or too old) to remember Bonanza on TV, here is a refresher.  Here is an episode from 1960 entitled — appropriately, for White Collar Wire readers — “Desert Justice”:

Head-on-a-platter and all that.

Head-on-a-platter and all that.

Or Not Prosecuting Individuals?

White Collar Wire should have sent a Christmas goose to Senator Elizabeth Warren (D-MA), who wants more white-collar types to get indicted: 2015 Spurred Billions in Bank Fines, But Not Enough for Warren.  In particular:

In a 10-page report titled “Rigged Justice: 2016,” the U.S. Senator’s staff cited 20 cases in which they say prosecutors showed “timidity” by not pursuing individuals for civil or criminal misdeeds. No executives at Citigroup Inc., JPMorgan Chase & Co., or Deutsche Bank AG were accused of wrongdoing in cases alleging rigged currency markets and the misleading of investors, her office wrote in the document released Friday. The investigations led to their companies paying billions of dollars in penalties.

Senator Warren will have none of the Yates Memo, thank you:

The report even dismisses a recent U.S. Justice Department announcement, known as the Yates memo, in which Deputy Attorney General Sally Quillian Yates heralded a new direction by telling prosecutors to embark on investigations by focusing on people, not companies. “Both before and after this DOJ announcement, accountability for corporate crimes has been shockingly weak,” Warren’s office wrote.

“Shocking to whom” is a good question, but it’s all good for the white-collar bar.  Here is her report.

Good Practices and Bad

A miscalculated penalty, perhaps.

A miscalculated penalty, perhaps.

From the Harvard Law School Forum on Corporate Governance and Financial Regulation and Jon Eisenberg, a partner in the Government Enforcement practice at K&L Gates LLP, here is a useful article (with cases and charts) about the SEC’s use of civil monetary penalties.  Tellingly, and sadly, the authors point out that “these decisions might not survive appellate scrutiny . . .  but very few respondents appeal their sanctions all the way to the D.C. Circuit.”

 

 

Hall monitor?

Hall monitor?

Deferred-prosecution agreements often impose corporate monitors.  Should the reports of such monitors be kept confidential?  A federal judge ordered the release of the HSBC monitor’s report, over the object of both HSBC and DOJ:

A federal judge has ordered the release of a report detailing how well HSBC Holdings Plc has complied with anti-money laundering requirements imposed by U.S. regulators when the British bank was fined $1.92 billion three years ago.

Thursday’s order by U.S. District Judge John Gleeson in Brooklyn is a defeat for HSBC and the U.S. Department of Justice, which complained the release could make it easier to launder money, including for terrorism, and discourage cooperation with law enforcement.

“This case implicates matters of great public concern and is therefore one which the public has an interest in overseeing,” Gleeson wrote, citing the public’s constitutional right of access under the First Amendment.

I cannot speak to the terrorism angle, but cooperation (and thus, monitoring) both work best when company employees have some comfort that what they say and do will be held in confidence, at least within reasonable parameters.  The public’s oversight interest is real, but surely an organization that has paid billions in fines and is living with a monitor is being “overseen” to a reasonable extent, especially when that oversight requires continued cooperation to be effective.

Read the entire article here: HSBC money laundering report must be made public.  To read our earlier posts about DPAs and monitors, go herehere, and here.

Crime Fiction

Digital content, quoth the raven.

Digital content, quoth the raven.

From the good folks at The Rap Sheet, a piece on the nominees for the 2016 Edgar Awards.  Here is the complete list from the Mystery Writers of America.

Thomas Hardy (1840-1928)

Thomas Hardy (1840-1928)

It is not a raven, but there is a bird in  Thomas Hardy’s poem “The Darkling Thrush”:

I leant upon a coppice gate
When Frost was spectre-grey,
And Winter’s dregs made desolate
The weakening eye of day.
The tangled bine-stems scored the sky
Like strings of broken lyres,
And all mankind that haunted nigh
Had sought their household fires.

The land’s sharp features seemed to be
The Century’s corpse outleant,
His crypt the cloudy canopy,
The wind his death-lament.
The ancient pulse of germ and birth
Was shrunken hard and dry,
And every spirit upon earth
Seemed fervourless as I.

At once a voice arose among
The bleak twigs overhead
In a full-hearted evensong
Of joy illimited;
An aged thrush, frail, gaunt, and small,
In blast-beruffled plume,
Had chosen thus to fling his soul
Upon the growing gloom.

So little cause for carolings
Of such ecstatic sound
Was written on terrestrial things
Afar or nigh around,
That I could think there trembled through
His happy good-night air
Some blessed Hope, whereof he knew
And I was unaware.

Crime Noir and Miles Davis

It's Miles. It's cool.

It’s Miles. It’s cool.

On the subject of crime, Apple Music must have intuited that I like noir-ish fiction and cool jazz.  It directed to me a set of Miles Davis that included “Ascenseur pour l’echafaud” (1958), a French crime film by Louis Malle released in the States as Elevator To The Scaffold (or Lift To The Scaffold in the U.K.)  Davis’s horn on the title track is as evocative as it gets, as seen here:

 

ESPN's 30-for-30

ESPN’s 30-for-30

Wishing It Were Fiction: Duke Lacrosse and Due Process

On Sunday, March 13, at 9 p.m. ET, ESPN’s acclaimed “30 for 30” film series will present Fantastic Lies, a film about the the Duke lacrosse case.  Here is an interview with the producer, Marina Zenovich.

Damage done.

Damage done.

We have written about the Duke lacrosse case before, here and here.

 

Depends on how we sell it.

Depends on how we sell it.

In opening statements and closing arguments, the genuine is good.  The cornball or the obscure, on the other hand, are bad.  The same is true of our written work.  As noted by Philip Corbett, master of the After Deadline blog in the New York Times:

[A]n overreliance on anecdotal openings — especially the classic “stranger in the lead” approach — can make our prose feel shopworn rather than vivid. This is particularly true when readers encounter unfamiliar names at the top of two or more adjacent stories, whether in print or online.

 

Read the entire piece: Here’s Someone You Never Heard of. Read On.

 


White (Collar) Christmas: Gin, Crime, Theology and the Rat Pack

Deck the halls.

Deck the halls.

 

The hour is upon us, so herewith a few Christmas items.

Cocktails

"Thought I'd never finish shopping."

“Thought I’d never finish shopping.”

Here from the archives is a recipe (via Garden & Gun magazine) for Milk Punch for Christmas Morning and a new recipe for An Old Old-Fashioned   .

From our friends at the Gin Monkey blog, a gin drinker’s gift list and from Gastronomista, a recipe for Jagermeister and Rye.  Yikes.

 

 

 

The Christmas rush.

The Christmas rush.

Crime

From J. Kingston Pierce of The Rap Sheet, here are 10 of The Most Arresting Crime Novels of 2015.

Marilyn Stasio, crime fiction reviewer for the New York Times, sets out her 2015 favorites in Death Takes No Holiday   .

Theology

From David Zahl at MockingbirdConsuming 2015: Favorite Music, Media, Books and Humor.

Billable hours done.

Billable hours done.

Here is my piece for the Cathedral Church of the Advent blog on Christmas Movies and Serial Killers.

 

 

 

 

 

 

And finally, a Rat Pack Christmas scene — Frank Sinatra, Dean Martin and Sammy Davis, Jr. — from 1967’s Robin and The Seven Hoods:

Merry Christmas!


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.


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.

 


Okay, So It’s A Lurid Book Cover: Summer Weekend Cocktails, Dylan Thomas on YouTube, Good Writing and Great Music

Our notes for Friday, beginning with cocktails; moving through literature; ending with music.

The young bikini-and-martini set, thankfully.

The young bikini-and-martini set, thankfully.

Brown Whisky Is Not Just For Winter.  From the New York Times, some summer drinks using brown booze.

And Old-Fashioneds Aren’t Always Dark.  From Gastronomista, a tequila old-fashioned that actually sounds good.

Go Scandinavian.  As long as we’re discussing traditional cocktails with non-traditional spirits, I might try an aquavit Manhattan (if I can find some aquavit) (from Saveur.com).

Movie Booze.  For movie buffs, from Liquor.com, a list of The 6 Most Influential Drink Orders of All Time.

There’s Always Time For Good Writing.  Some superior prose passages from “After Deadline.”

Considering the aquavit Manhattan.

Considering the aquavit Manhattan.

Welsh Poetry Is Good For You.  From the poet Dylan Thomas (1914-1953), When All My Five and Country Senses See.  I couldn’t it on YouTube, so you will have to content yourself with Do Not Go Gentle Into That Good Night.  It is sometimes challenging to follow what Thomas means, but there is no doubt as to what he says.

St. Paul and The Broken Bones.  If you haven’t heard this Birmingham-based band’s classic-soul, horn-driven sound, you’ve been missing out.  Try “Call Me.”

St. Paul and The Broken Bones

St. Paul and The Broken Bones


Cocktails and Crime: Martini Quiz, Vermouth Ratios, Posner v. Holmes, New Gins and Crime Conventioneers

As is customary on Friday, a few White Collar Wire notes on cocktails and crime fiction.

National Martini Day (courtesy Bar Louie)

National Martini Day (courtesy Bar Louie)

June 19 was “World Martini Day.”  Seriously.  The London Telegraph posted a martini quiz.  How deep is your see-through knowledge?  Here is the first question:

Q.1
The martini, a mix of gin and vermouth with a lemon twist or olive, is one of our most famous cocktails, but its history is cloudy. Which one of these is not a legend about its origin?

 

Two by two.

Two by two.

 From the CBS ManCave, a detailed discussion of the gin/vermouth ratio:

You stir dry vermouth and gin with ice then poured into a chilled cocktail glass. The amount of vermouth has gone through two distinct stages of reduction. The first was the increasing quality of the ingredients, so you didn’t need to bury the bathtub aspects of the gin. The second is the decreasing quality of some drinkers, who think that forgetting one ingredient of a two ingredient cocktail is somehow sophisticated. There are people right now with “Left” and “Right” written on their shoes, and even when they get that wrong they’re still doing better than the people who call a glass of gin a martini because they’ve at least remembered both of the relevant items.

As it should be.

As it should be.

The very reliable Emily Arden Wells at Gastronomista  (@xxGastronomista) sets out the gins you should be drinking:

There’s a lot of really exciting stuff happening in the gin world right now, and I love that gins are becoming more expressive and flavorful.  Companies are playing with flavors such as peaches, lemongrass, sage, and douglas fir, and the results are amazing.  The new diverse range of flavors in these different gins welcome new flavor combinations and innovative cocktails!  All of these gins are so gorgeous, they don’t need much dressing up, a simple martini with a complimentary garnish will do the trick!

From our friends at crime-fiction blog The Rap Sheet, two posts.

Richard Posner

Judge Richard Posner

First, writing for the United States Court of Appeals for the Seventh Circuit, Judge Richard Posner finds that Sherlock Holmes no longer enjoys copyright protection.  In his trademark style, Judge Posner notes:

 The estate asks us to distinguish between “flat” and
“round” fictional characters, potentially a sharper distinction
than the other one it urges (as we noted at the beginning of
this opinion), which is between simple and complex. Repeatedly
at the oral argument the estate’s lawyer dramatized
the concept of a “round” character by describing large circles
with his arms. And the additional details about Holmes and
Watson in the ten late stories do indeed make for a more
“rounded,” in the sense of a fuller, portrayal of these characters.
In much the same way we learn things about Sir John
Falstaff in Henry IV, Part 2, in Henry V (though he doesn’t actually
appear in that play but is merely discussed in it), and
in The Merry Wives of Windsor, that were not remarked in his
first appearance, in Henry IV, Part 1. Notice also that Henry
V, in which Falstaff is reported as dying, precedes The Merry
Wives, in which he is very much alive. Likewise the ten last
Sherlock Holmes stories all are set before 1914, which was
the last year in which the other stories were set. One of the
ten, The Adventure of the Veiled Lodger (published in 1927), is
set in 1896. See 2 William S. Baring-Gould, The Annotated
Sherlock Holmes 453 (1967). Thus a more rounded Holmes or
Watson (or Falstaff) is found in a later work depicting a
younger person. We don’t see how that can justify extending
the expired copyright on the flatter character. A contemporary
example is the six Star Wars movies: Episodes IV, V, and
VI were produced before I, II, and III. The Doyle estate
would presumably argue that the copyrights on the characters as portrayed in IV, V, and VI will not expire until the
copyrights on I, II, and III expire.

The estate defines “flat” characters oddly, as ones completely
and finally described in the first works in which they
appear. Flat characters thus don’t evolve. Round characters
do; Holmes and Watson, the estate argues, were not fully
rounded off until the last story written by Doyle. What this
has to do with copyright law eludes us. There are the early
Holmes and Watson stories, and the late ones, and features
of Holmes and Watson are depicted in the late stories that
are not found in the early ones (though as we noted in the
preceding paragraph some of those features are retrofitted to
the earlier depictions). Only in the late stories for example
do we learn that Holmes’s attitude toward dogs has
changed—he has grown to like them—and that Watson has
been married twice. These additional features, being (we
may assume) “original” in the generous sense that the word
bears in copyright law, are protected by the unexpired copyrights
on the late stories. But Klinger wants just to copy the
Holmes and the Watson of the early stores, the stories no
longer under copyright. The Doyle estate tells us that “no
workable standard exists to protect the Ten Stories’ incremental
character development apart from protecting the
completed characters.” But that would be true only if the
early and the late Holmes, and the early and the late Watson,
were indistinguishable—and in that case there would be no
incremental originality to justify copyright protection of the
“rounded” characters (more precisely the features that
makes them “rounder,” as distinct from the features they
share with their earlier embodiments) in the later works.

Not Richard Posner.

Must re-read that opinion.

One doesn’t normally get Holmes, Watson, Star Wars and Falstaff in federal courts of appeals opinions (especially within five hundred words of one another).
 

Second, again from The Rap Sheet, here are insights about this year’s annual Bouchercon crime fiction convention, to be held in November in Long Beach.


The Rap Sheet, True Crime and White Collar Wire

The Rap Sheet

The Rap Sheet

We are honored to be added as a “True Crime” blog by The Rap Sheet, one of the world’s leading crime-fiction blogs:

Since it spun off from January Magazine to become a separate blog in May 2006, The Rap Sheet has earned its reputation as an essential resource for readers seeking information about what’s new and interesting in the world of crime fiction. It covers crime, mystery, and thriller fiction both recent and vintage, appearing in all media–print as well as broadcast.

Edited and written mostly by J. Kingston Pierce, the site has been nominated twice for Anthony Awards, and in 2009 it won the Spinetingler Award for Special Services to the Industry. Remarking on the blog’s value, novelist and editor Ed Gorman wrote in Ellery Queen Mystery Magazine: “Part pure journalism, part critique, and part just plain fun, The Rap Sheet is a tribute to the intelligence and wit of a single person. Pierce gives opinionating a good name.” In a post of her own highlighting blogs that provide “good crime fiction recommendations,” critic Sarah Weinman described The Rap Sheet as “one of the oldest … and still one of the best …”

The Rap Sheet currently receives 1,500 to 2,500 hits each day, ranking it among the most consistently popular blogs of its kind.

Great stuff.

 

 

 


A Poem Fit For White-Collar Crime: In the City of Night

John Gould Fletcher

John Gould Fletcher (1886-1950)

A poem, In the City of Night, by John Gould Fletcher, that’s fit for white-collar crime:

In the City of Night

by John Gould Fletcher

(To the Memory of Edgar Allan Poe)

City of night,
Wrap me in your folds of shadow.

City of twilight,
City that projects into the west,
City whose columns rest upon the sunset, city of square, threatening 
    masses blocking out the light:
City of twilight,
Wrap me in your folds of shadow.

City of midnight, city that the full moon overflows, city where the cats 
    prowl and the closed iron dust-carts go rattling through the shadows:
City of midnight,
Wrap me in your folds of shadow.

City of early morning, cool fresh-sprinkled city, city whose sharp roof 
    peaks are splintered against the stars, city that unbars tall haggard 
    gates in pity,
City of midnight,
Wrap me in your folds of shadow.

City of rain, city where the bleak wind batters the hard drops once and again, 
    sousing a shivering, cursing beggar who clings amid the stiff Apostles on the 
    cathedral portico;
City where the glare is dull and lowering, city where the clouds flare and flicker 
    as they pass upwards, where sputtering lamps stare into the muddy pools 
    beneath them;
City where the winds shriek up the streets and tear into the squares, city whose 
    cobbles quiver and whose pinnacles waver before the buzzing chatter of raindrops 
    in their flight;
City of midnight,
Drench me with your rain of sorrow.

City of vermilion curtains, city whose windows drip with crimson, tawdry, tinselled, 
    sensual city, throw me pitilessly into your crowds.
City filled with women's faces leering at the passers by,
City with doorways always open, city of silks and swishing laces, city where bands 
    bray dance-music all night in the plaza,
City where the overscented light hangs tepidly, stabbed with jabber of the crowd, 
    city where the stars stare coldly, falsely smiling through the smoke-filled air,
City of midnight,
Smite me with your despair.

City of emptiness, city of the white façades, city where one lonely dangling lantern 
    wavers aloft like a taper before a marble sarcophagus, frightening away the ghosts;
City where a single white-lit window in a motionless blackened house-front swallows 
    the hosts of darkness that stream down the street towards it;
City above whose dark tree-tangled park emerges suddenly, unlit, uncannily, a grey 
    ghostly tower whose base is lost in the fog, and whose summit has no end.
City of midnight,
Bury me in your silence.

City of night,
Wrap me in your folds of shadow.

City of restlessness, city where I have tramped and wandered,
City where the herded crowds glance at me suspiciously, city where the churches are 
    locked, the shops unopened, the houses without hospitality,
City of restlessness,
Wrap me in your folds of shadow.

City of sleeplessness, city of cheap airless rooms, where in the gloom are heard snores 
    through the partition, lovers that struggle, couples that squabble, cabs that rattle, 
    cats that squall,
City of sleeplessness,
Wrap me in your folds of shadow.

City of feverish dreams, city that is being besieged by all the demons of darkness, city of 
    innumerable shadowy vaults and towers, city where passion flowers desperately and 
    treachery ends in death the strong:
City of night,
Wrap me in your folds of shadow.