White Collar Crime Report: Index-Summary

E-MAIL

– Attorneys

– – Confidentiality duty, mining of metadata in electronic documents, N.H. ethics opinion, 365
– – Employee's messages from work computer to personal counsel, attorney-client privilege applies (N.J. Super. Ct. App. Div.), 492
– – Scam messages seeking debt collection aid, lawyers warned of, 337

– Fraud victims' messages to court, removal of personal data required before disclosure to media (S.D.N.Y.), 495
– Identity theft

– – Phishing scheme used to obtain personal data of U.S. bank customers, U.S. and Egyptian conspirators indicted (C.D. Cal.), 735
– – Public employee who used manager's e-mail to spread defamatory claims not shielded by First Amendment from prosecution (Wis.), 493

– Spam

See SPAM

EDUCATION

See SCHOOLS

ELECTIONS

See POLITICAL ACTIVITIES
– Campaign finance

See CAMPAIGN FINANCE

ELECTRONIC COMMERCE

– Ed. Note: This heading covers electronic sales of goods and services and their regulation. Electronic mail is covered under E-MAIL. All other references to the web or the internet are found at INTERNET.
– Counterfeit software sales

– – Indictment issued (D. Ariz.), 129; defendant pleads guilty, 176
– – Sentence imposed on defendants for criminal copyright infringement (W.D. Tex.), 14

– Gambling

– – European Commission says U.S. ban on online gambling violates World Trade Org. rules, 427
– – Founder of illegal website pleads guilty (S.D.N.Y.), 12; firm enters nonprosecution pact, 259
– – Fugitive disentitlement law misapplied to dismiss challenge to civil forfeiture suit for funds allegedly linked to illegal enterprise (D.C. Cir.), 103
– – Money laundering of proceeds from internet operations, payment processing firm operator indicted (S.D.N.Y.), 544

– Internet auction fraud, “mass-marketing” sentencing enhancement applies due to large number of potential victims (7th Cir.), 457
– Pharmaceuticals

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

– Securities fraud, golf equipment company CEO sentenced (C.D. Cal.), 594
– “Tax Break 2000” website used to sell tax credits and deductions, promoters indicted (D. Nev.), 93

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and internet sources, see back page of each issue.

EMBEZZLEMENT

– Attorney pleads guilty to losing client trust funds by day trading in stock market (C.D. Cal.), 739
– Credit union soundness jeopardized by defendant, enhanced sentence may be given despite indemnification by third party (8th Cir.), 105
– Employee benefits plan administrator sentenced (M.D. Tenn.), 635
– Government contract specialist may receive enhanced sentence for abusing position of trust (10th Cir.), 18
– Health care

– – Human resources director pleads guilty to stealing from Hitachi employee health plan (S.D.N.Y.), 207; sentencing, 669
– – Physician recruiting services firm owner and medical center worker sentenced for phony invoice scheme (N.D. Tex.), 325

– Pensions

See PENSIONS

– Ponzi scheme, “life coach” pleads guilty (M.D. Tenn.), 321
– Renzi (R-Ariz) indicted for scheme to finance congressional election campaign, evidence may violate Speech or Debate Clause (D. Ariz.), 172
– School district funds stolen, sentence within guidelines range unreasonable (9th Cir.), 254
– Secretary for charitable foundation given enhanced sentence for abusing position of trust (1st Cir.), 676
– Tax evasion sentence may be enhanced based on defendant's uncharged embezzlement (2d Cir.), 184
– Union funds

See UNIONS

– West Point Military Academy worker indicted (D.D.C.), 61

EMPLOYEE BENEFITS

– Contractor benefit trust fund used to evade prevailing wage laws, lawyer pleads guilty (E.D.N.Y.), 246
– Embezzlement, plan administrator sentenced (M.D. Tenn.), 635
– Pensions

See PENSIONS

– Severance pay, former worker pleads guilty to extorting employer for better benefits (D.N.J.), 318
– Union officials indicted for bribery scheme that allowed contractors to evade payments to benefit funds (S.D.N.Y.), 544
– Workers' compensation, asbestos removal contractor sentenced for fraudulently concealing number of workers to avoid paying premiums (N.D.N.Y.), 555

ENERGY

– Bribery, FCPA violations

– – Contract drilling firm to pay $1.3 million to settle charges, DOJ announces, 548
– – Power generator supply firm pleads guilty (C.D. Cal.), 547

– Coal

– – Fatal mine fire, company pleads guilty (S.D.W. Va.), 66
– – Lobbying firm working for coal energy association sent forged letters to members of Congress on pending climate change legislation, 566; Markey (D-Mass) releases 5 more forged letters sent to members of Congress, 605

– Hydroelectric plant operator indicted in deaths of workers in fire (D. Colo.), 627
– Kickbacks, N.Y. Power Authority worker sentenced (E.D.N.Y.), 100
– Migratory Bird Treaty Act, power company sentenced for protected birds' electrocution by power lines (D. Wyo.), 489
– Oil and gas

See OIL AND GAS

ENRON

– Accounting fraud, broadband unit CFO pleads guilty (S.D. Tex.), 379
– Honest services fraud, CEO Skilling's conviction upheld, prosecutors did not violate Brady duty to disclose exculpatory evidence (5th Cir.), 27; (U.S., rev grant), 749
– Insider trading, 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 may be retried after hung jury in first trial (U.S., oral arg), 225; double jeopardy challenge upheld (rvs), 407; retrial barred (5th Cir.), 747

– Nigerian barge scheme, double jeopardy does not bar retrial of Merrill Lynch executives for defrauding Enron investors (5th Cir.), 455

ENVIRONMENT

– Asbestos

See ASBESTOS

– Chemical-laden sludge discharged into river, water filtration plant officials charged (N.Y. County Ct.), 205
– Clean Air Act

– – BP violations that caused fatal oil refinery explosion, plea agreement accepted (S.D. Tex.), 211
– – Bulk fuel terminal sentenced for false emissions reports (N.D. Cal.), 489
– – Metal processing company fined for falsifying records (E.D. Tenn.), 70
– – Pipe firm sentenced for emitting pollutants and concealing releases (D.N.J.), 323

– Clean Water Act

– – Cargo ship fuel spill in San Francisco Bay, pilot pleads guilty (N.D. Cal.), 177; ship operator pleads guilty, 357; pilot sentenced, 525; ship operator to pay fine after pleading guilty, 594
– – Chemical company president sentenced for dumping wastes into sewer system (N.D. Ill.), 138
– – Drinking water violations, town public works director sentenced (E.D.N.C.), 181
– – ExxonMobil subsidiary pleads guilty for fuel spill (D. Mass.), 11; sentencing, 322
– – Fish processing firm fined for discharge of chicken processing wastewater into river (D. Or.), 286
– – Industrial waste illegally dumped, chemical company owner sentenced (S.D. Fla.), 744
– – Jurisdiction, bill to clarify

See LEGISLATION, FEDERAL, S 787

– – Operator of wastewater treatment plant sentenced for illegal discharges into stream (W.D.N.C.), 390
– – Pesticide company owner pleads guilty to illegal discharge of waste (W.D. Mo.), 97; sentencing, 636
– – Pipe firm sentenced for causing oil slick on Delaware River (D.N.J.), 323
– – Port director pleads guilty to illegal discharges into Columbia River (D. Or.), 136
– – Public water and wastewater treatment, executive and firms charged with improperly operating facilities (W.D. La.), 412
– – Rapanos settles civil suit over wetlands, DOJ announces (E.D. Mich.), 19
– – River terminal operator pleads guilty to illegal discharge into Mississippi River (E.D. Mo.), 248; terminal manager and maintenance supervisor sentenced, 454
– – Stormwater, underused clause in Act allows new class of regulated discharges, 502
– – Tugboat firm manager indicted for discharging dredged materials into river delta (N.D. Cal.), 480; company pleads guilty, 670
– – Waste treatment facility reports showing uncharged violations properly admitted as evidence (7th Cir.), 106
– – Wire firm executive pleads guilty for failing to report toxic wastewater discharges (D. Conn.), 521

– Enforcement

– – Priorities include hiring more criminal investigators, EPA official says, 647
– – 2008 developments, Analysis and Perspective, 228

– EPA employee charged with false statements and financial conflicts in fuel additive work, prosecution dismissed for lack of speedy trial (D.D.C.), 385
– Hazardous waste

See HAZARDOUS WASTE

– Migratory Bird Treaty Act

– – ExxonMobil sentenced for misdemeanor violations (D. Colo.), 595
– – Power company sentenced for protected birds' electrocution by power lines (D. Wyo.), 489

– Oil and gas pollution

See OIL AND GAS

– Superfund site cleanup

– – Canadian firm executive pleads guilty to overcharges and paying kickbacks (D.N.J.), 12; co-owner of landscaping services firm pleads guilty, 449
– – Contaminated soil disposal firm, executive pleads guilty to paying kickbacks to contractor and defrauding EPA (D.N.J.), 486
– – Electrical firm worker pleads guilty to paying kickbacks to influence government subcontract awards (D.N.J.), 178; sentencing, 490
– – Three more contractor employees indicted for kickback scheme (D.N.J.), 661

– Underground storage tank removal, government contractor arrested on fraud charges (W.D.N.Y.), 132
– Wood protected by international convention, Chinese furniture firm pleads guilty to smuggling baby cribs made of (D.N.J.), 321

ETHICS

– Attorneys

See ATTORNEY ETHICS

– Congress

See CONGRESS, U.S.

– Government employees

See GOVERNMENT EMPLOYEES

– Lobbying

See LOBBYING

– Securities fraud defendant's ethics training, prosecution witness' expert testimony admissible (8th Cir.), 713

EVIDENCE

– Asbestos removal, San Diego Gas & Electric retrial for violating work practice standards, prosecution evidence inadmissible (S.D. Cal.), 629; charges dismissed, 741
– Campaign finance, evidence used to indict Renzi (R-Ariz) may violate Speech or Debate Clause (D. Ariz.), 172
– Clean Water Act reports showing uncharged violations by waste treatment facility properly admitted (7th Cir.), 106
– Destruction of evidence

– – Drug firm manager convicted of blocking probe into off-label drug marketing (D. Mass.), 211; sentencing, 524
– – Home health care agency owner sentenced for obstructing Medicare fraud probe (W.D. La.), 453
– – Lobbyist linked to Weldon (R-Pa) sentenced for destroying documents subject to subpoena (D.D.C.), 251
– – Ponzi schemes, Stanford Financial Group employee charged with ordering shredding of documents sought by investigators (S.D. Fla.), 660

– Discovery

See DISCOVERY

– Exclusionary rule, IRS examiners' violation of agency rule banning parallel investigations does not require suppression of evidence (6th Cir.), 141
– Expert testimony

See EXPERT WITNESSES

– Honest services fraud, quid pro quo must be shown when public official is accused of accepting money in exchange for official acts (9th Cir.), 182
– Identity theft

– – Aggravated theft, defendant must know false information belonged to real person (U.S., rvs), 326
– – Scienter not established despite substantial proof that defendant knew of actual victim, conviction reversed (2d Cir.), 362

– Juror access to new information technologies, effect of extrajudicial data, Special Report, 264
– Search and seizure

See SEARCH AND SEIZURE

– Securities fraud, bogus account statements admissible to prove stockbroker's intent to defraud investors (2d Cir.), 40
– Tax evasion conviction for willful failure to pay does not require proof of defendant's ability to pay (9th Cir., amended ruling), 330
– Wiretap usage in corporate fraud probes, Analysis and Perspective, 266
– Witnesses

See WITNESSES AND TESTIMONY

EX POST FACTO LAWS

– Tax evasion defendant may be sentenced under guidelines in effect at time of sentencing (8th Cir.), 146

EXECUTIVE COMPENSATION

– Backdating stock options

See STOCK OPTION BACKDATING

– Taxes, stock compensation received by GlobeTel officers not reported to IRS, chief financial officer pleads guilty (S.D. Fla.), 96; sentencing, 359
– Troubled Asset Relief Program

– – AIG releases list of bonus recipients to N.Y. attorney general, 222
– – Bank of America urged to release names of bonus recipients, 186
– – Merrill Lynch executives, special inspector general working closely with N.Y. investigation of bonuses paid to, 154; House Oversight Comm. to probe timing of bonuses, 222

– Tyco officers' bonuses, larceny convictions upheld, federal habeas petition expected (U.S., rev den), 424

EXPERT WITNESSES

– Government witness' opinion testimony limited in trial against W.R. Grace for knowing endangerment with asbestos (D. Mont.), 259
– Jury function usurped by expert, human-trafficking conviction upheld despite (8th Cir.), 328
– Pharmacist may testify about standard of care for doctors writing prescriptions (8th Cir.), 601
– Securities fraud

– – Economic testimony properly excluded from insider trading trial of Qwest CEO Nacchio, conviction upheld (10th Cir.), 127; predictive information, materiality analysis challenged (U.S., rev sought), 221; (rev den), 714
– – Ethics training received by defendant, prosecution witness' testimony admissible (8th Cir.), 713

EXTORTION

– Color of official right, extortion under

– – Hobbs Act violation, agreement to perform specific acts not required (6th Cir.), 287
– – Lobbyist's convictions reversed (9th Cir.), 166

– Former computer worker pleads guilty to threatening employer's computer system for better severance benefits (D.N.J.), 318
– Transit union officials plead guilty to scheme against school bus company owners (S.D.N.Y.), 667