Monthly Archives: September 2015

Great Decision on Loss Amount Calculation in Government Contracting Fraud Case

The calculation of loss amount drives sentencing decisions in many white collar cases. The higher the loss amount, the longer the sentence. Courts always seem to take an expansive view of what counts as a “loss” for sentencing. In a … Continue reading

Posted in Appeal, Fourth Amendment, Government contracting fraud | Tagged | 1 Comment

Will the New DOJ Policy End Joint Defense Agreements?

The white collar world is abuzz about DOJ’s new policy requiring companies to identify the individuals involved in wrongdoing to get cooperation credit. Joint defense agreements between companies and their executives allow the targets of a criminal investigation to work … Continue reading

Posted in DOJ Statements, Joint Defense Agreements | 2 Comments

Will the United CEO Resignation Have Unintended Consequences for the Airline Antitrust Case?

Professor Randall Eliason has written an excellent blog post on the resignation of Jeff Smisek, the CEO of United Airlines, and two other executives. The media reports have focused on Mr. Smisek’s possible role in the Bridgegate scandal. As background, … Continue reading

Posted in Antitrust | Tagged , | 1 Comment

The Deleted Email Folder “Is Not Like a Trash Can”: Ninth Circuit Affirms Acquittal in Obstruction Case

One of the first things I tell a potential client in a criminal case is not to delete anything from his computer. I explain that DOJ will turn deleting an email or two into an obstruction of justice charge. The … Continue reading

Posted in Appeal, Obstruction, Uncategorized | Leave a comment

First, We’ll Blame the Lawyers: Second Circuit Grants New Trial in Remarkable Jury Taint Case

This is the kind of case that wakes up lawyers in a cold sweat at night. The Second Circuit recently granted a new trial to a defendant after the trial court found that he had waived his right to a … Continue reading

Posted in Appeal, Jury issues, Tax fraud, Uncategorized | 4 Comments

A Rough Season for Firms Involved in Internal Investigations–Defamation Cases Continue

The Nationals are having a rough year–despite all those World Series predictions. Are you ready for some football? I have posted before about a defamation suit against the investigative firm that looked into the Penn State sex abuse scandal. The … Continue reading

Posted in Uncategorized | Leave a comment