2011 News of Interest

One thing is clear about the practice we call white collar criminal defense – it is constantly changing and evolving! The issues are increasingly complex and the press coverage more intense than ever before. This page contains breaking news, cutting edge developments, and scholarship from 2011.

How to Keep Your Company Off of the Government’s Naughty List,” Corporate Counsel, December 23, 2011.

Insider trading: Why do feds treat it like a mob crime?” The Christian Science Monitor, December 21, 2011. [Related article here]

Study: Jurors can’t distinguish between knowing and reckless conduct,” The National Law Journal, December 20, 2011.

SEC Suits Against Fannie Mae, Freddie Mac Execs May Turn on Subprime Loan Definition,” The American Lawyer, December 20, 2011.

Mike Koehler, Big, Bold, and Bizarre: the Foreign Corrupt Practices Act Enters a New Era, December 2011 

T. Markus Funk, Walking Through the FCPA and Travel Act’s Anti-Bribery Provisions, December 2011 

Craig H. Allen, Proving Corporate Criminal Liability for Negligence in Vessel Management and Operations: An Allision-Oil Spill Case Study, December 2011 

Susan W. Brenner, Fourth Amendment Future: Remote Computer Searches and the Use of Virtual Force, 2011 

Criminal Code Is Overgrown, Legal Experts Tell Panel,” The Wall Street Journal, December 14, 2011.

When the Penalty for GCs and Other Execs is Career Death,” The National Law Journal, December 14, 2011. [Related story here].

"Convicted of a Crime He Didn't Know He Committed," Video Report, The Wall Street Journal, December 13, 2011. 

Government Misconduct in FCPA Prosecution May Impact Other Cases,” The National Law Journal, December 9, 2011. [Related story here].

When Computer Misuse Becomes a Crime,” The Recorder, December 9, 2011.

Will 2012 be the Year of the SEC Whistleblower?” Corporate Counsel, December 6, 2011.

Judge Dismisses Landmark Bribery Conviction, Rips DOJ,” The Wall Street Journal, December 1, 2011. [Related story on Government’s appeal here]

George Skupski, The Senior Management Mens Rea: Another Stab at a Workable Integration of Organizational Culpability into Corporate Criminal Liability, December 2010. 

Stewart and Wayne: Broader DOJ Authority to Prosecute Public Officials is Wrong Priority,” Roll Call, November 30, 2011.

Incidents Of Bribery, Money Laundering Decline In Economic Crime Survey,” The Wall Street Journal, November 29, 2011.

Could botched Ted Stevens prosecution prompt federal legal system reform?,” Alaska Dispatch, November 28, 2011.

How To Calculate How Much The Bribe Was Worth,” The Wall Street Journal, November 28, 2011.

Judges saying ‘no bond’ to white-collar suspects,” Detroit Free Press, November 28, 2011.

In First U.K. Bribery Act Sentencing, Former Court Clerk Handed 6-Year Term,” Legal Week, November 23, 2011.

FDA Announces Yet Another Off-Label Promotion Settlement,” Medical Progress Today, November 23, 2011. [DOJ Press Release here]

Judge: Ted Stevens Investigation Reveals Prosecutorial Misconduct,” The BLT: The Blog of LegalTimes, November 21, 2011. [White Collar Crime Prof Blog analysis here and here]

Criminal charges hard to pin on farm where listeria-tainted cantaloupes originated,” The Denver Post, November 21, 2011.

Michael E. Clark, What Is A “Foreign Official”?: Vague Term Complicates Corrupt Practices Act Compliance, November 2011. 

DOJ’s Lanny Breuer Addresses White-Collar Sentencing Disparities,” Legal Times, November 17, 2011.

Bruno Faces Retrial After Panel Vacates Corruption Convictions,” New York Law Journal, November 17, 2011. [Opinion here and more coverage here]

SEC Reports Record Year for Fraud Enforcements, Expects More in 2012,” Corporate Counsel, November 17, 2011. [More coverage here]

SEC Targeting Low-Level Bankers Instead Of Their Supervisors, Analysis Finds,” Reuters, November 16, 2011.

Gibson Guitar ignites debate over environmental protections,” The Washington Post, November 13, 2011. [More coverage here]

Aaron B. Rabinowitz, Post-Booker Judicial Discretion and Sentencing Trends in Criminal Intellectual Property Cases: Empirical Analysis and Societal Implications, November 13, 2011. 

Criminal Case Glut Impedes Civil Suits,” The Wall Street Journal, November 10, 2011.

SEC Enforcers Filed Record Number of Actions in Fiscal Year 2011,” The BLT: The Blog of LegalTimes, November 9, 2011. [Related: SEC Obtains Record Penalty Against Rajaratnam]

DOJ Plans New Guidance On Foreign Bribery Enforcement,” The BLT: The Blog of LegalTimes, November 8, 2011. [See AAG Breuer’s speech here and related story here]

Former Purdue GC Calls 12-Year Debarment ‘Unreasonable’,” Corporate Counsel, November 8, 2011.

One Option for Corzine in NF Global Inquiry: the Fifth Amendment,” The New York Times, November 7, 2011. [More coverage here]

Eugene R. Sullivan, The U.K. Bribery Act: Bolstering The Arsenal Of Anti-Corruption Legislation, Washington Legal Foundation, November 4, 2011. 

$3 billion settlement expected in GlaxoSmithKline drug-marketing probe,” The Washington Post, November 3, 2011.

Justice Department pulls controversial FOIA regs,” Politico, November 3, 2011.

New Policy Allows Guantanamo Officials to Seize and Read Detainees’ Privileged, Legal Mail,” Truthout Blog, November 3, 2011.

SEC misled Archives on destroying records, inspector general finds,” The Washington Post, November 1, 2011.

Debacker, Heim and Tran, Importing Corruption Culture from Overseas: Evidence from Corporate Tax Evasion in the United States, October 2011.

Anthony J. Franze & R. Stanton Jones, Silencing a Watchdog: Government Seeks to Muzzle Amicus in John Edwards Prosecution, October 2011. 

Corporate Sentencing Guidelines: 20 Years,” The Wall Street Journal, October 31, 2011.

Former Goldman Board Member Is Charged With Insider Trading,” New York Law Journal, October 27, 2011. [More coverage here and here]

Too Much Enforcement? Panel Explores Criminalization Of Business Conduct,” The BLT: The Blog of LegalTimes, October 27, 2011.

Federal Judge Denies John Edwards’ Bid to Dismiss Campaign Case,” The Associated Press, October 27, 2011.

In-house Counsel as Targets for Government Prosecutions,” Corporate Counsel, October 26, 2011.

Abramoff Associate Kevin Ring Sentenced to 20 Months in Prison,” Main Justice, October 26, 2011.

Roger Clemens’ Lawyers Seek Fees After Mistrial,” The BLT: The Blog of LegalTimes, October 25, 2011.

Ex-Purdue Pharma GC Argues Against Oxycontin Debarment,” Corporate Counsel, October 21, 2011.

Ethics Office Clears Lead Prosecutor in Ted Stevens Trial,” The Wall Street Journal, October 19, 2011. [NPR Story here]

The U.S. and U.K. Corporate Counsel See Less Litigation, More Regulation,” Corporate Counsel, October 19, 2011.

The Corporate Criminal Plea Sails Oversees,” The American Lawyer, October 18, 2011.

Justices Take Case on Lying About Honors From Military,” The New York Times, October 17, 2011. 

11-Year Term for Rajaratnam Falls Short of Government Wishes,” New York Law Journal, October 14, 2011.

The End of an Era for Stock Option Backdating Scandals,” Corporate Counsel, October 13, 2011.

GAO Recommends Stronger Debarment Programs in Federal Contracting,” Corporate Counsel, October 7, 2011.

Study Finds Top Corporate Officials Are Often FCPA Targets,” Wall Street Journal, October 5, 2011.

Financial Gain Hotly Disputed in Galleon Presentence Hearing,” New York Law Journal, October 5, 2011.

Court Orders U.S. To Pay $1.7 million for EPA’s Malicious RCRA Prosecution,” Washington Legal Foundation, October 3, 2011 [Case materials here].

Prosecutors Are Getting In-House Lawyers’ Attention,” Corporate Counsel, October 3, 2011.

Miriam H. Baer, Organizational Liability and the Tension between Corporate and Criminal Law, September 2011. 

Lisa Kern Griffin, The Federal Common Law Crime of Corruption, September 2011. 

Steve R. Johnson, The Financial Inability Defense to Tax Crimes, September 2011. 

Jessica Tillipman, The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, September 2011. 

From the Experts: Secret Agents Causing FCPA Violations,” Corporate Counsel, September 30, 2011.

When Everyone Is an Offender,” The Atlantic, September 28, 2011.

"As Federal Crime List Grows, Threshold of Guilt Declines," The Wall Street Journal, September 27, 2011.

"The Animal Enterprise Terrorism Act Sets an Unusual Standard for Crime," The Wall Street Journal, September 27, 2011.

"In Carson Case, DOJ Agrees 'Foreign Official' Knowledge Is Required," FCPA Blog, September 27, 2011.

The Gibson Raid: Much to Fret About,” National Review Online, September 27, 2011.

Sentencing Shift Gives New Leverage to Prosecutors,” The New York Times, September 25, 2011.

The War on Insider Trading: Market-Beaters Beware,” The New York Times, September 22, 2011.

Lucian E. Dervan, Bargained Justice: Plea Bargaining’s Innocence Problem and the Brady Safety-Valve, 2011.
 

Individual DOJ Prosecutions By The Numbers,” FCPA Professor, September 20, 2011.

"Judge Rejects DOJ's Recommended Sentence for Ex-Abramoff Associate," Main Justice, September 20, 2011. [Read the Court's Sentencing Opinion here]

"Former SEC General Counsel Expected to Face DOJ Investigation," Corporate Counsel, September 20, 2011. [More coverage here]

"Galleon's Rajaratnam May Face Stiffer Jail Sentence After Questioning Law," Bloomberg, September 13, 2011. [More coverage here]

"Gibson Guitar Wails on Federal Raid Over Wood," The Wall Street Journal, September 1, 2011.

"Former Senate Committee General Counsel Accused of Leaking Secret Info," Corporate Counsel, September 1, 2011.

"Health care fraud prosecutions on pace to rise 85%," USA Today, August 29, 2011.

"NACDL Files SCOTUS Amicus Brief in Ian Norris Case," Corporate Counsel, August 26, 2011. [More coverage at: White Collar Crime Prof Blog here and here]

"Guitar Frets: Environmental Enforcement Leaves Musicians in Fear," The Wall Street Journal, August 26, 2011.

"In FCPA Sting Case, Prosecutors Revise Discovery Process," The BLT: The Blog of LegalTimes, August 25, 2011.

"From the Experts: Document Review with No Pain, All Gain," Corporate Counsel, August 23, 2011.

"Post-Skilling Government Approach – Depends on the Case," White Collar Crime Prof Blog, August 21, 2011.

"The Three Lessons of Nautilus Hyosung’s Antitrust Plea," Corporate Counsel, August 19, 2011.

"Starting Gun Sounds at SEC Whistleblower Officer," Corporate Counsel, August 15, 2011.

"Judge Selna Appears Ready To Deny Carson Travel Act Challenge," FCPA Professor, August 15, 2011.

"Declinations During the FCPA Boom," Bloomberg Law Reports, 2011

Jennifer Arlen, The Failure of the Organizational Sentencing Guidelines, August 2011.

Elizabeth Sheyn, Toward a Specific intent Requirement in White Collar Crime Statutes: How the Patient Protection and Affordable Care Act of 2010 Sheds Light on the ‘General Intent Revolution’, August 2011. 

"Rajaratnam sentencing may be a fight to the death," Reuters, August 10, 2011.

"From the Experts: Corporate Compliance Twenty Years Later," Corporate Counsel, August 4, 2011.

"Fraud Conviction Overturned for Former General Reinsurance Asst. General Counsel," Corporate Counsel, August 2, 2011. [More Analysis at: White Collar Crime Prof Bloghere]

"From the Experts: Is Rupert Murdoch the FCPA Fish the DOJ Can’t Land?," Corporate Counsel, August 2, 2011. [More Analysis at: FCPA Professorhere]

Joseph W. Yockley, Solicitation, Extortion, and the FCPA, July 2011.

Samuel W. Buell, What is Securities Fraud?, July 2011.

Stuart P. Green and Matthew B. Kugler, Public Perceptions of White Collar Crime Culpability: Drawing Lines Amid Moral Ambiguity, July 2011.  

"Congress, DOJ Grapple With Revising Corruption Laws," The BLT: The Blog of LegalTimes, July 26, 2011.

"Out-of-control fraud guidelines," The National Law Journal, July 25, 2011.

"As Criminal Laws Proliferate, More Are Ensnared," The Wall Street Journal, July 23, 2011.

"Three Things Enron Can Teach Us About Dodd-Frank," Corporate Counsel, July 22, 2011.

"Is the SEC’s Recent Run of High-Profile Prosecutions a Flash in the Pan?," Corporate Counsel, July 21, 2011.

"DOJ Official To Defense Bar: Stop Playing Games With Ethics," The BLT: The Blog of LegalTimes, July 20, 2011.

"Apprendi Applies to Alternate Fines Act – Corporate Fines Require Jury Determination," White Collar Crime Prof Blog, July 20, 2011.

"News Corp. Hires FCPA Expert," The Wall Street Journal Law Blog, July 19, 2011.

"Veteran prosecutors’ rookie mistake, no-nonsense judge lead to Clemens mistrial," The Washington Post, July 16, 2011.

"Mistrial Declared in FCPA Sting Case," The BLT: The Blog of LegalTimes, July 7, 2011.

"Prevent, Detect, and Analyze: Dealing With Fraud In-House," Corporate Counsel, July 7, 2011.

"SEC Cooperation - The First Deferred Prosecution Agreement," Thomson Reuters News & Insights, June 28, 2011.

"10 Big FCPA Compliance Tips for Small Legal Departments," Corporate Counsel, June 27, 2011.

Brandon L. Garrett, Globalized Corporate Prosecutions, June 2011. 

Bruce A. Green, Developing Standards of Conduct for Prosecutors and Criminal Defense Lawyers, June 2011. 

"Crossing the Line: The Trial of GlaxoSmithKline Lawyer Lauren Stevens," Corporate Counsel, June 23, 2011.

"Summer Reading For Representative Conyers," FCPA Professor Blog, June 23, 2011.

"Sensenbrenner Will Introduce FCPA Bill," The Wall Street Journal, June 14, 2011.

"Is That Conversation Really Privileged?," The New York Law Journal, June 13, 2011.

"Elite Justice team walks prosecutorial tightrope," The Washington Post, June 12, 2011.

"NSA leak trial exposes dilemma for Justice Department," The Washington Post, June 10, 2011.

"John Edwards indicted on campaign finance charges," The Washington Post, June 3, 2011. [Indictment and more coverage here]

"Goldman Sachs subpoenaed," The Washington Post, June 2, 2011. [Related story here]

"KPMG Survey Shows Companies Taking Step to Fight Bribery, Corruption," Corporate Counsel, June 2, 2011.

"Supreme Court Speaks About Willful Blindness," White Collar Crime Prof Blog, June 1, 2011.

"In Shift, Feds Target Top Execs for Health Fraud," The Huffington Post, May 31, 2011.

"Conviction of Lawyers in Tax Shelter Case Seen as Deterrent," The New York Law Journal, May 26, 2011. [More coverage here]

"S.E.C. Adopts Its Revised Rules for Whistle-Blowers," The New York Times DealBook, May 25, 2011 [Adopted rules available here and more coverage here and here]

"Congress Considers Penalties for U.S. Contractors Abroad," The BLT: The Blog of LegalTimes, May 25, 2011.

"Justice Department, SEC investigations often rely on companies' internal probes," The Washington Post, May 22, 2011.

George A. Weiss, Prosecutorial Accountability after Connick v. Thompson, May 2011.

"SEC Announces Deferred Prosecution for Tenaris, A First Ever for the Agency," Corporate Counsel, May 18, 2011. [SEC Press Release here and DPA here]

"Military Equipment Execs Go on Trial Over 'Pay-to-Play' Allegations," The National Law Journal, May 18, 2011. [More coverage and filings here]

"In Off-Label Criminal Case, Judge Pokes Finger at Prosecutor's 'Jaundiced Eye," Forbes, May 18, 2011.

"Clemens Judge Wants to Hear from DLA Piper Lawyers," The BLT: The Blog of LegalTimes, May 16, 2011.

"Company, Officers Convicted of Bribing Mexican Utility," The National Law Journal, May 13, 2011.

"Lauren Stevens: A Case the DOJ Would Probably Like to Forget," Main Justice, May 11, 2011. [More coverage here and transcript of hearing available here]

"Grassley Slams SEC Whistleblower Proposal," Main Justice, May 11, 2011.

"11th Circuit Tosses Out Part of Scrushy Conviction," The Associated Press, May 11, 2011.

"DOJ Seeks Restrictions in FCPA Sting Case in D.C.," The BLT: The Blog of LegalTimes, May 10, 2011.

"Reasonable Minds Can Disagree: SEC, Justice Part Ways on Rockwell Payments," Corporate Counsel, May 5, 2011.

"Association of Corporate Counsel (ACC) Throws Its Support to Updated Rules on In-House Counsel," Corporate Counsel, May 4, 2011.

"Overcriminalized America," National Review Online, May 2, 2011.

"Privilege in Jeopardy," Governors Journal, May 1, 2011.

Adam S. Zimmerman and David Michael Jaros, The Criminal Class Action, April 2011.

"Fraudulent misuse of computer on job ruled a crime," San Francisco Chronicle, April 30, 2011.

"Courts Struggle With Police Searches of Smartphones," Law Technology News, April 29, 2011.

"Documents offer hints of legal strategy in Wikileaks case," The Washington Post, April 28, 2011.

"First Person: The DOJ Should Practice What It Preaches," Corporate Counsel, April 25, 2011.

"Criminal Charges: The Next Frontier for Libel Tourism," Law.com, April 25, 2011.

Ellen C. Brotman, Make Probation a Real Option at Sentencing, April 2011.

"Study Says Businesses Aren't Ready for U.K. Bribery Law," Corporate Counsel, April 22, 2011.

"DLA Piper Told to Turn Over Documents in Clemens Case," The BLT: The Blog of the LegalTimes, April 21, 2011.

"Lindsey Case: Judge Issues Written Ruling on 'Foreign Official,'" The FCPA Blog, April 21, 2011 [Decision online here] [Related coverage and analysis here and here]

"After Financial Crisis, Wheels of Justice Turn Slowly," NPR, April 20, 2011.

"Supreme Court case weighs conflict of interest," USA Today, April 18, 2011.

"After Crackdown, Future of the Online Poker Sites Thrown Into Jeopardy," The Wall Street Journal Law Blog, April 18, 2011.

"Sixth Circuit Vacates Honest Services Wire Fraud and False Statement Convictions of Former Tennessee State Senator," White Collar Crime Prof Blog, April 15, 2011. [Opinion here]

"Feds Re-Indict Former Glaxo In-House Lawyer," Corporate Counsel, April 15, 2011. [Additional analysis here]

"In Financial Crisis, No Prosecutions of Top Figures," The New York Times, April 14, 2011.

"Senator Says Goldman Sachs Misled Congress, Plans DOJ Referral," The BLT: The Blog of LegalTimes, April 13, 2011.

"Trend Watch: Foreign Bribery Actions Doubled Last Year," Corporate Counsel, April 12, 2011. [See recent major FCPA DPAs here and here]

"Historic Test For FCPA In Lindsey Trial," The FCPA Blog, April 1, 2011.

"U.K. Bribery Act to Finally Take Effect in July," The American Lawyer, March 31, 2011. [UK Ministry of Justice News Release here and more coverage here and here]

"A New York Prosecutor With Worldwide Reach," The New York Times, March 27, 2011.

"She Asked, Counsel Told: Case Against Glaxo Attorney Is Dismissed," Corporate Counsel, March 24, 2011. [Commentary at White Collar Crime Prof Blog here]

"Lips Unsealed: Third Circuit Ruling on Privilege Worries Defense Bar," Corporate Counsel, March 24, 2011. [More coverage here]

"Kott Decision Matches Kohring - Prosecutors Violated Brady," White Collar Crime Prof Blog, March 24, 2011.

"DOJ Defending Grand Jury Subpoenas in Trade Secrets Theft Investigation," The BLT: The Blog of LegalTimes, March 22, 2011.

Lucian E. Dervan, Re-Evaluating Corporate Criminal Liability: The DOJ's Internal Moral Culpability Standard for Corporate Criminal Liability, March 2011.

William K. Sessions III, At the Crossroads of the Three Branches: The U.S. Sentencing Commission's Attempts to Achieve Sentencing Reform in the Midst of Inter-Branch Power Struggles, March 2011.

"Make Sure Your Lawyer Knows How To Use Facebook," Forbes, February 23, 2011.

"Challenge Could Break New Ground in FCPA," The Wall Street Journal, February 22, 2011.

"With Friends Like These: The Troubling Implications of the Government's Recent Effort to Block Amicus Curiae Briefs in a Controversial White Collar Criminal Appeal, Bloomberg Law Reports, February 21, 2011.

Ekow N. Yankah, A Paradox in Overcriminalization, 2011.

"Grassley Wants Answers About Cooperation Between SEC, DOJ," The BLT: The Blog of LegalTimes, February 10, 2011.

"5 Key Lessons From Standard D&O Ruling," Law.com, February 7, 2011.

Ellen Podgor, The Tainted Federal Prosecutor in an Overcriminalized Justice System, February 2011.

Alan Ellis, John R. Steer, and Mark H. Allenbaugh, At a "LOSS" for Justice - Federal Sentencing for Economic Offenses, January 2011.

Bruce A. Green, Criminal Justice - What's Ahead? Roadblocks and New Directions, January 2011.

"Manhattan Prosecutor Says Martin Act Needs Sharper Bite," The New York Times, January 25, 2011.

Larry Ribstein, Agents Prosecuting Agents, January 2011.

Charlotte Simon, Ryan D. McConnell, and Jay Martin, Plan Now or Pay Later: The Role of Compliance in Criminal Cases, January 2011.

"Case of Imprisoned British Exec Ian Norris Carries Major Privilege Implications," Corporate Counsel, January 21, 2011.

"Work E-Mail Not Protected by Attorney-Client Privilege, Court Says," Wired.com, January 18, 2011.

Christopher Slobogin, Is the Fourth Amendment Relevant in a Technological Age? January 2011.

Nicholas J. Wagoner, Honest-Services Fraud: The Supreme Court Defuses the Government's Weapon of Mass Discretion in Skilling v. United States, January 2011.

"SEC: Wall Street, Meet the FCPA," The Wall Street Journal LawBlog, January 14, 2011. [Additional coverage here, here, here and here]

"Half-Baked Justice? Corporate Prosecutions Are All Over the Map," Corporate Counsel, January 3, 2011.

"Criminal fraud cases survive Skilling decision," The National Law Journal, January 3, 2011.

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