2009 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 2009.

"Supreme Court should void 'honest services,'" The Dallas Morning News, December 18, 2009.

"Charges Dismissed Against 2 Broadcom Executives," The New York Times, December 15, 2009.

"SC could scale back anti-corruption law," Marketplace, December 8, 2009.

"The End of Phony Deterrence? 'SEC v. Bank of America," The New York Law Journal, September 17, 2009.

Michael T. Cahill, Attempt by Omission, September 2009. 

Peter J. Henning, Should the SEC Spin Off The Enforcement Division?, September 2009. 

Shana-Tara Regon, Proposal Seeks More Oversight of Justice Department's Pre-Trial Diversion Agreements, September 25, 2009. 

Frank O. Bowman, Debacle: How the Supreme Court Has Mangled American Sentencing Law and How It Might Yet Be Mended, Forthcoming 2010. 

"Breuer: Stevens Verdict 'Tainted' by Prosecution Failures," The BLT: The Blog of the Legal Times, September 10, 2009.

"BofA Says It's Not Hiding Behind Attorney-Client Privilege," Main Justice, September 9, 2009 [Includes links to Cuomo letter and BofA letter and most recent court filing]

Press Release, U.S. Securities and Exchange Commission, "Statement by SEC Chairman: Statement on the Inspector General's Report Regarding the Bernard Madoff Fraud," September 2, 2009 [IG Report].

Ellen Podgor, Educating Compliance, September 2009. 

John Hasnas, The Centenary of a Mistake: One Hundred Years of Corporate Criminal Liability, August 2009. 

"Mortgage Fraud: A Classic Crime's Latest Twists," The Wall Street Journal, August 27, 2009.

"Did Bank of America Waive Attorney-Client Privilege in Merrill Bonus Flap?," The American Lawyer, August 26, 2009.

"Rethinking the Corporate Crime Spree," The Wall Street Journal, August 19, 2009.

"The Criminalization of Corporate Conduct," Chief Executive, August 18, 2009.

"Ex-Brocade Chief Reyes Gets Fraud Conviction Reversed," Bloomberg, August 18, 2009.

"SEC trots out a new weapon: control person liability," The National Law Journal, August 18, 2009.

"State AGs back Obama on financial oversight agency," TheHill.com, August 18, 2009.

"The Honest Services Statute: When Federal Righteousness Goes Off The Rails," Washington Legal Foundation, August 14, 2009.

Andrew Brady Spalding, Unwitting Sanctions: Understanding Anti-Bribery Legislation as Economic Sanctions Against Emerging Markets, July 3, 2009. 

"In-House Counsel Face New Global Challenges," New York Law Journal, August 14, 2009.

"For ExxonMobile, the Bird is Now a Criminal Word," The Wall Street Journal, August 13, 2009.

"Has Economic Uncertainty Expanded Reach of Foreign Corrupt Practices Act?," The New York Law Journal, August 10, 2009.

"In Antibribery Law, Some Fear Inadvertent Chill on Business," The Wall Street Journal, August 6, 2009.

"Manhattan Moment: On criminalizing corporate conduct," The Washington Examiner, August 5, 2009.

Rachel Barkow, The Prosecutor as Regulatory Agency, July 2009. 

"One Rogue Worker Can Take an Entire Company Down," The National Law Journal, July 16, 2009.

"Obama DOJ Continues Deferring Corporate Prosecutions," Main Justice, July 16, 2009.

"Self-Detection: So Key, So Difficult," The New York Law Journal, July 13, 2009.

Securities Docket: Global Securities Litigation and Enforcement Report, The FCPA: A Key Enforcement Priority Here and Abroad, July 6, 2009.

"NACDL Member Audrey Strauss On the Supreme Court's Review of 'Honest Services,'" The New York Law Journal, July 2, 2009.

"Circuits split on sentencing for financial fraud - At issue is whether people who are reimbursed for financial lossess from criminal schemes should be counted as victims," The National Law Journal, June 29, 2009.

"Months After Ted Stevens Debacle, Justice Department Corruption Unit in Disarray," The Washington Post, June 18, 2009.

"A New Consumer Agency With Enforcement Teeth," The Wall Street Journal, June 18, 2009.

"DOJ may rein in use of 'honest services' statute - Fraud statute up for review was key to many convictions," The National Law Journal, June 15, 2009.

"Congress's Hammer: Another Criminal Law," Real Clear Politics, March 4, 2009.

Public Defender Service for the District of Columbia and the American Bar Association’s Commission on Effective Criminal Sanctions, Internal Exile: Collateral Consequences of a Criminal Conviction in Federal Laws and Regulations, February 13, 2009. 

NACDL Update, New Mexico Court Imposes Pre-Indictment Mechanism that Enables Investigation Targets to Alert Grand Juries of Evidence, February 12, 2009.

"Justice Department Finally Releases Antitrust Amnesty Agreements," The AmLaw Daily, February 6, 2009.

NACDL Update, FORTHCOMING STUDY: Deferred and Non-Prosecution Agreements Decline 60%, February 5, 2009.

"From Coaches to Church Officials, an Honestly Law Gets a Workout," The Wall Street Journal, February 5, 2009.

"Fighting Corruption with the 'Honest Services' Doctrine," St. Petersburg Times, January 22, 2009.

"Senators Seek More Funds to Fight Financial Fraud," The New York Times, January 22, 2009.

NACDL Update, Second Circuit Upholds the Jury Verdict in U.S. v. Ionia Management S.A., January 21, 2009.

"Even Businessmen Deserve A Lawyer," The Wall Street Journal, January 15, 2009.

NACDL Update, In the Wake of its Loss in US v. Stolt-Nielsen SA, the DOJ Antitrust Division Releases New Guidelines for its Leniency Program, January 13, 2009.

"Eric Holder May Threaten the Sixth Amendment Right to Counsel," The Examiner, January 8, 2009.

"Agencies to Join Anti-Fraud Task Force," The Washington Post, January 7, 2009.

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