White Collar Crime Report: Index-Summary

DEFENSE CONTRACTS

– Ammunition from China, Defense Fed. Acquisition Reg. Supp. bars sale of (S.D. Fla.), 245
– Bid rigging, CEO of marine fender and buoy maker charged with colluding to allocate customers (E.D. Va.), 382; guilty plea, 485
– Bribery

– – Contracting officer in Iraq, Army Reserve major pleads guilty (W.D. Okla.), 12; sentencing, 707
– – Firm and contractors charged over Afghanistan contracts (E.D. Va.), 279
– – Inspectors at Army installation plead guilty to scheme involving moving and storage of military household goods (E.D.N.Y.), 633
– – Major and sergeants, Army officers plead guilty over bunkers and barriers in Afghanistan (N.D. Ill.), 447; retired lieutenant pleads guilty, 483
– – President of contracting firm pleads guilty over bulletproof vests in Iraq (D.D.C.), 387
– – Retired Army major who served in Kuwait pleads guilty (M.D. Ga.), 33

– Conspiracy involving elevator equipment contracts, Navy subcontractor pleads guilty to fraud (E.D. Va.), 387
– Fraud, bill requiring Defense Dept. to study and report on

See LEGISLATION, FEDERAL, HR 3326

– Hiring of illegal aliens, contracting firm and owner sentenced (D. Mass.), 100
– Price fixing, owner of military restraint supply firm pleads guilty (E.D.N.Y.), 358

DISCLOSURE

– Conflict of interest, public official's nondisclosure may justify honest services fraud conviction of private citizen who does not know substance of ethics laws (3d Cir.), 526
– Corporation's voluntary disclosure of misconduct, Analysis and Perspective, Part 1, 611; Part 2, 648
– Discovery

See DISCOVERY

– E-mails from fraud victims to court, removal of personal data required before disclosure to media (S.D.N.Y.), 495
– Lobbying

See LOBBYING

– Prohibited

See PRIVACY

– Reporting requirements

See REPORTING REQUIREMENTS

DISCOVERY

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Brady duty to disclose exculpatory evidence

– – Enron CEO Skilling's convictions upheld, no violations of duty (5th Cir.), 27
– – Former Alaska lawmakers released from prison, cases remanded for review given possible violations (9th Cir.), 422; defendants await results of DOJ review on withheld evidence, 463; Kott (R) entitled to court-appointed lawyer (D. Alaska), 528; DOJ granted extension of time to provide new evidence to defendants, 567; parties to review new evidence, judge to determine if new hearings required, 643

– Electronic discovery, Analysis and Perspective, 116
– Obstruction of justice, grand jury subpoenas

– – Alteration of records subject to subpoena is obstruction of federal probe (11th Cir.), 391
– – False records, submission is obstruction despite irrelevance of documents (10th Cir.), 288

DISTRICT OF COLUMBIA

– Attorney conflicts of interest arising from joint defense agreements, D.C. ethics opinion, 750

DOCTORS

See HEALTH CARE

DOJ

See JUSTICE DEPARTMENT (DOJ)

DOUBLE JEOPARDY

– Accountant acquitted of fraud conspiracy may be tried on substantive fraud charges (7th Cir.), 711
– Conspiracy charges against executives accused of looting company may be retried (10th Cir.), 561
– Fraud, acquittal as to one victim does not bar prosecution for defrauding other victims (1st Cir.), 601
– Identity theft defendant cannot also be prosecuted for aggravated identity theft based on same acts (11th Cir.), 639
– Insider trading, Enron broadband unit executives

– – Hirko, co-chief executive officer, judgment vacated and remanded in light of Yeager ruling (U.S.), 462; Hirko sentenced for misrepresenting firm's financial performance (S.D. Tex.), 705
– – Yeager, vice president's retrial may proceed after hung jury in first trial (U.S., oral arg), 225; (rvs), 407; retrial barred (5th Cir.), 747

– Nigerian barge scheme, retrial of Merrill Lynch executives for defrauding Enron investors may proceed (5th Cir.), 455

DRUGS

– Abuse of trust, substance abuse counselor/church leader's defrauding counseled party merits sentence enhancement (3d Cir.), 258
– AIDS

See AIDS AND HIV

– Industry faces different issues from medical device industry, prosecutors say, 431
– Internet sales

– – Business manager of illegal pharmacy pleads guilty (E.D. Mo.), 592
– – Pharmacist convicted for illegal distribution of prescription drugs (Kan. Dist. Ct.), 387

– Marketing

– – Bextra anti-inflammatory drug, district sales manager who destroyed evidence of off-label marketing convicted of obstruction of justice (D. Mass.), 211; regional sales manager pleads guilty to off-label marketing, 241; regional sales manager sentenced, 453; district sales manager sentenced, 524; Pfizer to pay record criminal fine, 640
– – Lyme disease, sales of misbranded drugs for nonexistent epidemic, indictment returned (D. Kan.), 662
– – Zyprexa antipsychotic drug, Eli Lilly pleads guilty to promoting off-label uses (E.D. Pa.), 63

– Medicaid billing fraud

– – Doctor pleads not guilty to illegally dispensing controlled substances (S.D. Ill.), 517
– – Drug abuse counseling center, owner pleads guilty (D. Kan.), 321; sentencing, 525
– – Forged prescriptions scheme, defendant convicted (N.D. Ga.), 742
– – Kickbacks to patients to use certain pharmacies, doctor sentenced (S.D.N.Y.), 672
– – Narcotics prescriptions sold to Medicaid recipients, doctor sentenced (N.Y. Sup. Ct.), 709
– – Pharmacist pleads guilty (D. Conn.), 487
– – Pharmacy owner sentenced (N.J. Super. Ct.), 454
– – Purchase of prescriptions from beneficiaries for reimbursement scheme, pharmacy owner sentenced (S.D.N.Y.), 671

– Medicare billing fraud

– – Controlled substances, medical firm owner and 10 others indicted for false billings and illegal distribution of (E.D. Mich.), 412
– – Money laundering, pharmacy owner pleads guilty (S.D. Fla.), 387
– – Pharmacist pleads guilty (D. Conn.), 487

– Money laundering convictions upheld for pharmacists who used pharmacies' general operating accounts in narcotics distribution scheme (5th Cir.), 5
– Pain Wellness Center, doctor and assistant charged with false insurance billings for illegal narcotics prescriptions (Ariz. Super. Ct.), 515
– Patents, generic competition for Plavix blood-thinning drug, Bristol-Myers Squibb executive pleads guilty to false statements (D.D.C.), 247
– Prescriptions, pharmacist may testify as expert on standard of care for writing (8th Cir.), 601
– Price report falsification, Aventis settles False Claims Act charges over nasal sprays, 426
– Search of computer records of major league baseball players' test results for illegal steroids, court announces procedures to protect records outside scope of warrant (9th Cir., en banc), 623
– Smuggling misbranded and unapproved cancer drugs, physician convicted (C.D. Cal.), 357
– Veterans' pharmacy, federal employee and staffing agency plead guilty to conspiring to defraud Veterans' Affairs and Small Bus. Admin. (N.D. Ill.), 212

DUE PROCESS

– Civil contempt, continued confinement of criminal defendant who refuses to comply with order upheld (3d Cir.), 711
– Ineffective assistance of counsel, nursing facility owner convicted of Medicare fraud raised cognizable claim (N.D. Cal.), 262
– IRS examiners' violation of agency rule banning parallel civil and criminal investigations does not require suppression of evidence (6th Cir.), 141
– RICO in personam civil forfeiture procedures in state law invalid (Ga.), 494
– Restitution policy giving priority to first-in-time victims upheld (N.J. Super. Ct. App. Div.), 73
– SEC civil investigation did not violate rights of defendant facing criminal charges for coupon fraud scheme (E.D. Wis.), 664
– Sentencing

– – Delays in sentencing barred by Fifth Am. (2d Cir.), 674
– – Reduced sentences, government may condition submission of motion on defendant's agreement to withdraw appeal (7th Cir.), 218