• 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.  

  • Uncategorized

    Federal Prosecution Of A Polygraph “Coach”

    Polygraphs — so-called “lie detectors” — have always had a curious place in law, national security and employment law.  Their results are generally inadmissible in court: most courts have found, correctly, that the technology is too inexact and the science associated with interpreting the results too sketchy for the reports to be considered sound. On the other hand, “lie detectors” have a grip on the popular imagination; intelligence agencies swear by them (although perhaps less so than in previous decades); and corporate employers sometimes look upon them wistfully, although their use in the private sector is sharply limited by the Employee Polygraph Protection Act of 1988 (“EPPA”) (29 USC §2001…

  • Uncategorized

    The Ethics of Brady/Giglio Obligations

    More commentary on the AUSA Kline ethics case in Washington: White Collar Crime Law Prof on Brady. Although it’s interesting that DC Bar Counsel is finding an ethics violation for a prosecutor’s failure to turn over Brady/Giglio material, one wonders how many states’ bar counsel would do so.