Category Archives: Dismissal of charges in indictment

Fight the Power, Part II: The Sheldon Silver Case

In Part I of this series, I pointed out that DOJ uses the media as a tool to punish defendants. It publicizes indictments, without equally publicizing acquittals and dismissals. This post is the second in a series exploring how defense … Continue reading

Posted in Dismissal of charges in indictment, DOJ policy and practice, DOJ Statements, Ethics, Grand jury, Prosecutorial misconduct, Public Corruption | 1 Comment

Celebrating Summer with Recent Wins in the White-Collar World

In the past few months, there have been several big wins for white-collar defendants.  Because we’re in desperate need for some good news as of late, here are highlights of those victories. As I’ve pointed out before, DOJ doesn’t publicize … Continue reading

Posted in Acquittal After Jury Trial, Dismissal of charges in indictment, Health care fraud | 1 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

A Tremendous White Collar Victory in Eli Lilly Trade Secrets Case

A few months ago, I wrote about a trade secrets case in Indianapolis. It looked like the case was going well for the defense. As any trial lawyer knows, momentum is key. Momentum just swung in the biggest way for … Continue reading

Posted in Dismissal of charges in indictment, Trade Secrets | Leave a comment

Hey, I’m a Guest Blogger!

The kind folks at White Collar Crime Prof Blog let me post over there today (thanks Ellen!). The Second Circuit issued a great opinion for white collar defendants limiting the continuing conspiracy theory. Finally, a court has reined in the … Continue reading

Posted in Appeal, Conspiracy, Dismissal of charges in indictment, Tax fraud | 1 Comment

Spike Lee Would Be Proud: Government Does the Right Thing (In a Securities Fraud Case)

Da Mayor: Doctor. Mookie: C’mon, what? What? Da Mayor: Always do the right thing. Mookie: That’s it? Da Mayor: That’s it. Mookie: I got it. I’m gone. Do the Right Thing (1989) (yes, 1989—you are that old) Except for “not … Continue reading

Posted in Dismissal of charges in indictment, Investor fraud, Securities fraud, Sentencing, Wire Fraud | Leave a comment

You Say “Committee,” I Say “Subcommittee”: District Court Calls Off Obstruction Charge Against BP Executive

On May 20, 2013, Judge Kurt Engelhardt of the Eastern District of Louisiana dismissed the obstruction charge in the indictment against David Rainey, a former vice president at BP involved in the Deepwater Horizon spill. The 44-page decision dismissed the … Continue reading

Posted in Congressional investigation, Dismissal of charges in indictment, False statements, Obstruction | Tagged , , , | Leave a comment