• Compliance

    ABA White-Collar Crime Committee Winter/Spring 2014 Newsletter

    Here’s the ABA White-Collar Crime Committee Winter Spring 2014 Newsletter.         Good articles on: INTERNATIONAL WHITE COLLAR CRIME AND DEFERRED PROSECUTION AGREEMENTS CORPORATE COMPLIANCE PROGRAMS IN THE UNITED STATES AND IN ITALY: ARE THEY THE SAME? GIVE ME BACK MY BOOKS AND RECORDS: APPLICATION OF RULE 41(G) IN RESPONSE TO FEDERAL SEARCH AND SEIZURE WARRANTS HOT ISSUES IN CIVIL ASSET FORFEITURES THE BOARD’S ROLE IN ANTI-CORRUPTION COMPLIANCE: GUARDIAN AND GUIDE SEC ARGUES FOR BROAD CONSTRUCTION OF DODD-FRANK ACT WHISTLEBLOWER ANTI-RETALIATION PROVISION DOES THE GREEN LIGHT MEAN GO?: WILL SEC’S NEW RULES FOR SMALL OFFERINGS INCREASE STATE ENFORCEMENT ACTIONS? NEW PROPOSED RULES INCREASE GOVERNMENT CONTRACTORS’ RESPONSIBILITIES FOR PREVENTING HUMAN…

  • Evidence,  Securities Fraud

    The Martoma Trial and Character Evidence in White-Collar Trials

    In the trial of former SAC hedge fund manager Mathew Martoma, the dispute over getting kicked out of Harvard Law School  is worth noting for what evidence we have juries consider at white-collar trials and what we don’t: In 1999, Mr. Martoma was expelled from Harvard for creating a false transcript when he applied for a clerkship with a federal judge, court papers unsealed on Thursday showed. Mr. Martoma used a computer program to change several grades from B’s to A’s, including one in criminal law, and then sent the forged transcript to 23 judges as part of the application process. Then, during a Harvard disciplinary hearing to determine whether…

  • Compliance,  Sentencing

    It’s Only A Fine

    One would expect fines In civil and criminal enforcement actions to bear some relationship to both the offensive conduct and the statute that authroizes the fine, but that’s rarely the case.  Rather, they’re the product of strategy, tactics, raw power and solid horse-trading, as outlined by Professor Peter J. Henning: Fines, Without Explaining How They Were Calculated In particular, Professor Henning notes: For an individual, it is difficult to resist the broad authority granted to the S.E.C. to impose significant monetary penalties. For companies, the civil penalty is more a matter of how much they are willing to pay because limitations on the amount of a penalty seem to be…

  • 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

  • SEC,  Securities Fraud

    SEC Game-Time Program

    Can’t tell the players without a program.   This is a handy graphic guide (via @WSJ) to the persons, entities, events and outcomes in SEC enforcement related to the financial crisis.