Monthly Archives: May 2015

Ninth Circuit Eases Burden on Government to Win a Bank Fraud Conviction

The Ninth Circuit Court of Appeals just made it easier for the government to win a conviction in a bank fraud case. It recently ruled that the government need prove only that the defendant intended to deceive the bank, and … Continue reading

Posted in Appeal, Bank fraud | Tagged | Leave a comment

Another Reason Why Corporate Executives Will Be Scapegoats in Internal Investigations

Shell Oil and Shell International (collectively “Shell”) have been named in a defamation action by a former employee which relates to a criminal investigation. The employee claimed that Shell made defamatory statements in its report to the Department of Justice … Continue reading

Posted in Uncategorized | Leave a comment

Judge Says He’s Never “Seen a More Misguided Prosecution” Than This One Involving Foreign Bribery

The Department of Justice has never lacked for confidence in its ability to prosecute people. It investigates supposed FCPA violations overseas, identifying some minor link to the United States. Unfortunately, courts rarely limit DOJ’s reach in these types of cases. … Continue reading

Posted in Bribery, Dismissal of charges in indictment, Uncategorized, Wire Fraud | Leave a comment

Is It Really a Crime to Close a Few Lanes of Traffic? Yes, in the Bridgegate Prosecutions

Seeking revenge against political opponents is a time-honored American tradition. Why is the Department of Justice contending that it is a crime? Three former high-ranking officials in the Port Authority of New York and New Jersey have been implicated in … Continue reading

Posted in Public Corruption | 2 Comments

Can The Ethics Rules Stop Brady Violations?

Brady v. Maryland requires a prosecutor to disclose evidence that is favorable to the defense. Yet many critics have correctly pointed out that unless there exists a way to discipline prosecutors who willfully violate this obligation, it is an abstract … Continue reading

Posted in Appeal, Discovery/Brady, Ethics | 1 Comment