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typepad/WpbBhttp://feedburner.google.comNon-arrested Person Asserting Right to Silence Must Assert Constitutiontag:typepad.com,2003:post-6a00d8341bfae553ef01901d883a61970b2013-06-18T13:33:54-07:002013-06-18T20:27:01Z2013-06-18T20:33:54ZIn Salinas v. Texas, the Supreme Court in a bizarre, unrealistic 5-4 (or more precisely 3/2-4) decision announced yesterday seemed to rule that the pre-arrest silence of a person not in custody may be introduced at trial against that person...White Collar Crime Prof BloggerNewsPrivilegesA Great Moment In The History Of The FBItag:typepad.com,2003:post-6a00d8341bfae553ef01910377d8fd970c2013-06-17T20:56:32-07:002013-06-18T04:08:23Z2013-06-18T03:56:32ZThis makes me so damn proud to be an American. What a righteous Department of Justice we have! Always going after the malefactors of great wealth. And God Bless the Fan Belt Inspectors too. No crime is too small for...White Collar Crime Prof BloggerCorruptionFraudCircuit Reporttag:typepad.com,2003:post-6a00d8341bfae553ef01901d5c56f7970b2013-06-13T20:56:48-07:002013-06-14T04:04:10Z2013-06-14T03:56:48ZToday in U.S. v. Cherry, the Fourth Circuit held that it was plain error for a trial court to tell the jury about the defendant's inadmissible criminal history prior to polling the jurors. Alas, the error was harmless, given the...White Collar Crime Prof BloggerJudicial OpinionsShargel to Join Winston & Strawntag:typepad.com,2003:post-6a00d8341bfae553ef019103458f53970c2013-06-12T13:09:10-07:002013-06-12T20:08:59Z2013-06-12T20:09:10ZGerald Shargel, perhaps the pre-eminent criminal defense lawyer in New York City, has left his solo practice to join the 900-lawyer firm of Winston & Strawn. Shargel's move is embelmatic of two trends: the expansion of white-collar and not so...White Collar Crime Prof BloggerDefense CounselNews"'We the people' are the boiling frog, and the water has started to boil." tag:typepad.com,2003:post-6a00d8341bfae553ef01901d2f8a62970b2013-06-09T10:10:17-07:002013-06-10T12:36:10Z2013-06-09T17:10:17ZThe wonderful John Wesley Hall concisely explains, at Welcome to the Fourth Amendment.com, the decades-long erosion of our Fourth Amednment rights, at the hands of the Supreme Court and a succession of do-nothing Congresses. No surprises here, as Hall laments:...White Collar Crime Prof BloggerCongressCurrent AffairsJudicial OpinionsSearchesSideshow: DC District Court Staff's Failure to Unseal the James Rosen Affidavittag:typepad.com,2003:post-6a00d8341bfae553ef019102fd2747970c2013-06-05T11:37:41-07:002013-06-06T14:18:46Z2013-06-05T18:37:41ZFBI Special Agent Reginald Reyes' affidavit supporting DOJ's search warrant application for Fox News Reporter James Rosen's Google email account was ordered unsealed in November 2011. But it wasn't actually unsealed by the DC U.S. District Court's staff until late...White Collar Crime Prof BloggerCongressCurrent AffairsInvestigationsJudicial OpinionsLegal EthicsPerjuryProsecutionsProsecutorsThe Holder Messtag:typepad.com,2003:post-6a00d8341bfae553ef0192aaace908970d2013-06-04T15:24:09-07:002013-06-05T01:19:45Z2013-06-04T22:24:09Z“Well, I would say this. With regard to potential prosecution of the press for the disclosure of material, that is not something that I have ever been involved in, heard of, or would think would be a wise policy.” Attorney...White Collar Crime Prof BloggerCongressCurrent AffairsInvestigationsLegal EthicsPerjuryProsecutionsProsecutorsAUSA Bill Baumann (1950-2013)tag:typepad.com,2003:post-6a00d8341bfae553ef01901cdb7b0b970b2013-06-01T10:53:55-07:002013-06-01T17:53:55Z2013-06-01T17:53:55ZFederal prosecutors come and go. Some are good. Some are bad. One of the really good ones died this week. Bill Baumann joined the U.S. Attorney's Office for the Western District of Texas in 1989--the same year I did. He...White Collar Crime Prof BloggerDid Lois Lerner Waive the Fifth?tag:typepad.com,2003:post-6a00d8341bfae553ef01901c860167970b2013-05-24T10:22:15-07:002013-05-24T17:21:58Z2013-05-24T17:22:15ZMost witnesses with potential criminal exposure who are called to testify before Congressional hearings take the stand, with their lawyers behind them, and repeat the incantation "I respectfully decline to answer the question based on my Fifth Amendment privilege against...White Collar Crime Prof BloggerCongressContemptCurrent AffairsDefense CounselNewsPrivilegesNACDL White Collar Crime Conferencetag:typepad.com,2003:post-6a00d8341bfae553ef017eeb45eabc970d2013-05-17T11:49:02-07:002013-05-17T18:50:33Z2013-05-17T18:49:02ZNACDL's 3rd Annual West Coast White Collar Conference, titled “Turning the Tables on the Government will be held at the Hyatt Regency Lake Tahoe Resort on June 6-7, 2013. (esp)White Collar Crime Prof BloggerConferencesDiscretion At It's Worst - IRS Targetingtag:typepad.com,2003:post-6a00d8341bfae553ef019102256420970c2013-05-14T20:15:24-07:002013-05-16T00:06:11Z2013-05-15T03:15:24ZThe Treasury Inspector General for Tax Administration Office of Audit report and its highlights tell the story of how "Early in Calendar Year 2010, the IRS began using inappropriate criteria to identify organizations applying for tax-exempt status to review for...White Collar Crime Prof BloggerTaxUpcoming Conferencestag:typepad.com,2003:post-6a00d8341bfae553ef017eea940119970d2013-05-14T19:43:51-07:002013-05-15T02:43:51Z2013-05-15T02:43:51ZNew York City Bar - Second Annual White Collar Crime Institute - here ABA Securities Fraud 2013, Oct. 24-25, New Orleans - here Georgia's Institute of Continuing Legal Education (ICLE) - International Business Crimes: Foreign Corrupt Practgices Act (FCPA), Criminal...White Collar Crime Prof BloggerConferencesIn the News & Around the Blogospheretag:typepad.com,2003:post-6a00d8341bfae553ef017ee9cf7621970d2013-05-14T18:10:17-07:002013-05-15T02:44:16Z2013-05-15T01:10:17ZDOJ Press Release, Parker Drilling Company Resolves FCPA Investigation and Agrees to Pay $11.76 Million Penalty; Corporate Crime Reporter, Parker Drilling Gets FCPA Prosecution Deferred, to Pay $11.76 Million DOJ Press Release, Former Investment Banker and His Associate Plead Guilty...White Collar Crime Prof BloggerNewsBrady Violation Leads to Arrest of Former Texas Prosecutortag:typepad.com,2003:post-6a00d8341bfae553ef01910222586d970c2013-05-14T14:10:28-07:002013-05-14T21:09:35Z2013-05-14T21:10:28ZProsecutors who have committed Brady violations, even those which have been later demonstrated to have resulted in wrongful convictions and lengthy terms of imprisonment for persons later proven innocent, are rarely prosecuted. Courts tend to find Brady violations inconsequential, prosecutor's...White Collar Crime Prof BloggerContemptCurrent AffairsProsecutorsChange in Anti-trust Division "Carve-Out" Policytag:typepad.com,2003:post-6a00d8341bfae553ef01901b9694fa970b2013-04-30T05:06:00-07:002013-04-30T12:06:00Z2013-04-30T12:06:00ZGuest Blogger - Robert Connolly - DLA Piper At the ABA Antirust Spring Meeting in Washington DC, Assistant Attorney General for the Antitrust Division William Baer announced a significant change in the Division’s practice of carving out of individuals from...White Collar Crime Prof BloggerAntitrustWill the "Public Safety Emergency Exception" Apply in White-Collar Cases?tag:typepad.com,2003:post-6a00d8341bfae553ef017eea7ad51f970d2013-04-22T13:06:12-07:002013-04-22T20:04:45Z2013-04-22T20:06:12ZThe government decision to delay Miranda warnings, and also the first appearance before a judge and the assignment of counsel, for Dzhokhar Tsarnaev, the surviving alleged Boston Marathon bomber, was a tactical one, no doubt based largely on an evaluation...White Collar Crime Prof BloggerComputer CrimeCurrent AffairsInsider TradingNewsPrivilegesAdministrative Judge Reverses Suspension of Stevens Prosecutorstag:typepad.com,2003:post-6a00d8341bfae553ef017eea1d0427970d2013-04-11T09:04:32-07:002013-04-11T15:57:15Z2013-04-11T16:04:32ZAn administrative judge for the Merit Systems Protection Board has overturned the DOJ internal decision finding reckless misconduct for violating Brady obligations by two prosecutors of Senator Ted Stevens, Joseph Bottini and James Goeke, and ordering their suspensions. See here....White Collar Crime Prof BloggerJudicial OpinionsLegal EthicsNewsProsecutorsNew Scholarship - "Should Competition Policy Promote Happiness?"tag:typepad.com,2003:post-6a00d8341bfae553ef017ee9ada8e3970d2013-03-31T06:44:00-07:002013-03-28T14:16:51Z2013-03-31T13:44:00ZMaurice E. Stucke (University of Tennessee) authored an article titled, "Should Competition Policy Promote Happiness?" The SSRN abstract states: What, if anything, are the implications of the happiness economics literature on competition policy? This Paper first examines whether competition policy...White Collar Crime Prof BloggerScholarshipWhite Collar Criminal Law is Heating Up?tag:typepad.com,2003:post-6a00d8341bfae553ef017c383448a6970b2013-03-29T18:19:29-07:002013-03-30T01:19:29Z2013-03-30T01:19:29ZTwo news items today highlight that the white collar area continues to be a key component of the criminal justice system. In Atlanta we see a Fulton County Grand Jury issuing indictments for claims that an alleged test cheating scandal...White Collar Crime Prof BloggerInvestigationsNewsSearchesUpcoming 2013 Federal Sentencing Guidelines Seminartag:typepad.com,2003:post-6a00d8341bfae553ef017c37ff7025970b2013-03-29T07:22:00-07:002013-03-29T14:22:00Z2013-03-29T14:22:00Z22nd Annual National Seminar on Federal Sentencing Guidelines, May 22-24, 2013 - Orlando, Florida - here (esp)White Collar Crime Prof BloggerConferences