Tag Archives: Energy industry

Gag Me With An . . . Order? Massey Mine Case Starts With Broad Gag Order

The federal case against former Massey CEO Donald Blankenship has taken a rather unexpected turn—a sweeping gag and sealing order that effectively prevents anyone from following the case. I was hoping to cover this case in some detail by analyzing … Continue reading

Posted in First Amendment, Gag order | Tagged , | 2 Comments

The Opening Statement for this Prosecution Writes Itself: The Indictment of Massey Energy CEO

As a general rule, the government does not indict CEOs of big companies. No one really wants to say that out loud—at least on the government’s side of the aisle—but it’s true. It is usually difficult for the government to … Continue reading

Posted in Conspiracy, Obstruction, Securities fraud, Uncategorized | Tagged | 2 Comments

When Criminal Law and the First Amendment Meet: Can Internal Investigation Reports Be Defamation?

At the end of an internal investigation, outside counsel frequently prepares a written report. That written report may be for the Board of Directors only or it may be passed along to the Department of Justice. In the report, the … Continue reading

Posted in FCPA, internal investigation | Tagged , | 1 Comment

Is This The First Domino to Fall in FCPA Case? French Citizen Pleads Guilty to Obstruction in Foreign Bribery Case

A French citizen appeared in a Manhattan federal court on March 10, pleading guilty to obstructing a government investigation into bribes paid to secure mining rights in Guinea. Mr. Frédéric Cilins, a 51-year-old businessman, had been arrested during an FBI … Continue reading

Posted in FCPA, Plea Agreement | Tagged | 1 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

“WE CAN NOT LOOSE [sic] THIS PROJECT!” Three Former Power Company Execs Charged in Indonesian FCPA Case

The number of former executives of a French power and engineering company indicted for FCPA violations is up to three. William Pomponi and Frederic Pierucci recently joined David Rothschild as defendants based on their supposed involvement in a scheme to … Continue reading

Posted in Conspiracy, Criminal Investigation, FCPA, Indictment, Money Laundering | Tagged | 2 Comments