White Collar Crime Report: Index-Summary

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– “Association-in-fact enterprise” does not need structure distinct from pattern of illegal activity (U.S., aff), 418; impact of decision, Analysis and Perspective, 504
– In personam civil forfeiture procedures in state law violate due process (Ga.), 494

REAL ESTATE

– Mortgages

– – Fraud

See MORTGAGE FRAUD

– – Senators Dodd (D-Conn) and Conrad (D-ND) acceptance of mortgages on favorable terms did not violate rules, ethics committee finds, 568

– Ponzi schemes

– – Brokerage firm owner pleads not guilty (C.D. Cal.), 30
– – Foreclosure reinstatement promoter sentenced (C.D. Cal.), 67

– Securities, KB Homes CEO indicted for backdating stock options (C.D. Cal.), 169
– Taxes

– – Bonus for brokering major real estate transaction for employer, worker indicted for tax evasion (N.Y. Sup. Ct.), 661
– – First-time homebuyer credit, tax preparer pleads guilty to fraudulently claiming for clients (M.D. Fla.), 521
– – Property tax refunds, manager in D.C. Tax Office sentenced for fraud scheme (D.D.C.), 450
– – Qualified intermediary company CEO pleads guilty to misappropriation of client funds (E.D. Va.), 32; owner convicted of fraud scheme, 207; owner sentenced, 553

– Whitewater land company, request by defendant convicted of fraud to unseal 1996 grand jury contempt proceedings denied (8th Cir.), 253

RECORDKEEPING

– Accounting fraud, Enron broadband unit CFO pleads guilty to falsifying books and records (S.D. Tex.), 379
– Crime information database misused for personal gain, probationary sentence not too lenient (11th Cir.), 713
– Foreign Corrupt Practices Act, SEC official discusses agency focus on books, records, and internal control issues, 297
– Medical records

See MEDICAL RECORDS

– 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

– Pollution, falsifying records

See generally ENVIRONMENT

– Search and seizure

– – Civil receiver turned over records to law enforcement, evidence properly admitted in criminal trial of company owners (5th Cir.), 361
– – Drug testing of major league baseball players, court announces procedures to limit search of records outside scope of warrant (9th Cir., en banc), 623

REPORTING REQUIREMENTS

– Clean Air Act, bulk fuel terminal sentenced for false emissions reports (N.D. Cal.), 489
– Clean Water Act

– – 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

– Drugmaker Aventis settles charges of misreporting nasal spray prices, 426
– Dumping of oil-tainted grain, South Korean ship captain sentenced for not recording incident (W.D. Wash.), 36
– Financial disclosure reports, Sen. Stevens (R-Alaska) conviction

See ALASKA

– Lobbying Disclosure Act

See LOBBYING

– Money laundering, financier charged with structuring cash transactions to avoid reporting rules (C.D. Cal.), 311
– Taxes

See TAXATION

RESTITUTION

– First-in-time victims, state policy giving payment priority to, upheld (N.J. Super. Ct. App. Div.), 73
– Kickbacks, private equity firm pays for actions to attract investments by state officials who manage public employees' pension fund, 425
– Madoff Ponzi scheme, restitution to investors impracticable, DOJ says, 680
– Mandatory Victims Restitution Act

– – Attorneys' fees and accounting costs related to investigation and prosecution of crime, Analysis and Perspective, 47
– – Attorneys' fees may be reimbursable “other expenses” (6th Cir.), 638
– – Disaster relief funds fraudulently obtained, sentence may include both restitution and forfeiture (5th Cir.), 677
– – IRA of criminal, ordering lump-sum payments to victims not barred by federal tax code (7th Cir.), 420

– Securities, defrauded investor not entitled to full recovery of investment (N.D. Ga.), 35

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

RIGHT TO COUNSEL

– Alaska, legislator convicted of bribery involving oil tax policy entitled to court-appointed counsel (D. Alaska), 528
– Substitute forfeiture matter, right to appointed counsel lacking (1st Cir.), 329