White Collar Crime Report: Index-Summary

SCHOOLS

– Embezzlement of school district funds, sentence within guidelines range unreasonable (9th Cir.), 254
– Internet access, superintendent charged with defrauding E-Rate program (W.D. Mich.), 382
– School bus companies, transit union officials plead guilty to extortion scheme (S.D.N.Y.), 667
– Spam scheme, defendants charged for targeting college students (W.D. Mo.), 314

SEARCH AND SEIZURE

– Civil receiver turned over documents to law enforcement, evidence properly admitted in criminal trial of company owners (5th Cir.), 361
– Corporate executives' standing to challenge search of general workplace, test for determining (9th Cir.), 59; amended opinion issued, holding unchanged, 391
– Internal probes of employee misconduct, privacy issues, Analysis and Perspective, 397
– Laptop computers, border searches of

– – Limits on searches

See LEGISLATION, FEDERAL, HR 239

– – New directives for conducting searches issued by DHS, 642
– – Privacy protections should be included, DHS advisory committee says, 152

– Warrants for electronically stored data

– – Federal procedural rules amendment approved by Supreme Court, 295
– – Limiting searches of files outside scope of warrant, court announces detailed procedures (9th Cir., en banc), 623

SECURITIES

– Accounting fraud

See ACCOUNTING FRAUD

– Annual yields and interest payments guaranteed, investment manager pleads guilty to defrauding investors (S.D. Fla.), 483
– Attorneys' fees

– – HealthSouth Corp. CEO Scrushy, entry of bar order denying indemnification upheld (11th Cir.), 427
– – Refco executives, advancement of fees not required under liability insurance policies (S.D.N.Y.), 172; outside counsel convicted for hiding ailing financial health of company, 518

– Auction-rate securities, Credit Suisse broker pleads guilty to defrauding investors (E.D.N.Y.), 518; co-conspirator convicted, 588
– Backdating stock options

See STOCK OPTION BACKDATING

– Bank fraud

– – Fake shares pledged as collateral for Citibank loan, technology firm head pleads guilty (S.D.N.Y.), 550
– – Falsifying account control agreements to secure loans, brokerage firm manager charged (N.D. Cal.), 204; co-defendant sentenced, 634

– Bogus account statements admissible as evidence of stockbroker's intent to defraud investors (2d Cir.), 40
– “Cherry picking,” allocation of profitable trades to certain accounts not “continuing offense” for purposes of statute of limitations (E.D.N.Y.), 628
– Closely held business' future prospects, defendant pleads guilty to deceiving investors (S.D.N.Y.), 633
– Commodities

– – Pool operators charged with defrauding investors (S.D.N.Y.), 129; compliance officer pleads guilty to creating sham promissory notes, 520
– – Pyramid scheme, futures trader indicted (D. Minn.), 93; guilty plea, 285

– Coupon fraud scheme, criminal defendant's due process rights not violated by parallel SEC civil investigation (E.D. Wis.), 664
– Day trading with client trust funds, attorney pleads guilty (C.D. Cal.), 739
– Enforcement

– – Cooperation from individuals, SEC developing initiatives, conferees told, 758
– – Criminal prosecution authority sought by CFTC head, 154; SEC Comm'r seeks same, 224
– – Federal and state regulators urge Congress to close legislative gaps, 224
– – Madoff Ponzi scheme, SEC failure to uncover, inspector general audit report published, 641; 3 more reports will be issued, 682; 2 reports issued with recommended reforms, 715
– – Preferential treatment of big firms by SEC, Harvard Law School study, 151
– – Reorganization of SEC Enforcement Div. unveiled by Khuzami, 570
– – Task force on economic crimes, Democratic senators urge DOJ to create, 221

– Enron

See ENRON

– Ethics training received by fraud defendant, prosecution witness' expert testimony admissible (8th Cir.), 713
– Foreign Corrupt Practices Act, SEC official discusses agency focus on books, records, and internal control issues, 297
– Former Or. congressman indicted on tax and money laundering charges (C.D. Cal.), 130
– “Fund of funds” investment manager indicted for defrauding investors (S.D.N.Y.), 130
– Golf equipment company CEO sentenced for scheme involving nonexistent Internet firm (C.D. Cal.), 594
– Hedge funds

See HEDGE FUNDS

– Insider trading

See INSIDER TRADING

– Kickbacks

See KICKBACKS

– Madoff fraud scheme

See MADOFF FRAUD

– Market-manipulation schemes

– – Boiler-room techniques, 6 brokerage firm workers charged (S.D.N.Y.), 477
– – National Lampoon chief executive officer pleads guilty (E.D. Pa.), 702
– – Registered brokers plead guilty (S.D.N.Y.), 386; software firm CEO and brokers convicted, 481
– – Stock promoter pleads guilty to bribing stock brokers (S.D.N.Y.), 481
– – Stock trader pleads guilty (S.D. Fla.), 212

– Merger of Bank of America and Merrill Lynch under investigation

– – House committee request for voluntary waiver of attorney-client privilege, bank lawyers urge reconsideration, 678; Bank of America to provide documents, 718; documents released, 751
– – N.Y. attorney general says advice-of-counsel defense waives attorney-client privilege, 646

– Mining rights on federal lands, founder of investment firm pleads guilty to defrauding investors (E.D. Mo.), 482; sentencing, 671
– Misappropriation of investor funds

– – Elderly and church members targeted in fraud scheme, man charged (W.D. Wash.), 242
– – Financial adviser pleads not guilty (D. Neb.), 629
– – Investment adviser firm, co-founder charged (S.D.N.Y.), 410
– – Mortgage firm president pleads guilty (D. Nev.), 547

– Noncompetitive trades, Chicago Board of Trade futures traders indicted (N.D. Ill.), 243
– Ponzi schemes

See PONZI SCHEMES

– Promissory notes

– – Broker charged with sale of fake notes (S.D.N.Y.), 7; attorney pleads not guilty, 206; attorney pleads guilty, 352; sentencing, 488; lawyer disbarred, 751
– – Businessman convicted for issuing stock to repay fraudulent notes (S.D. Fla.), 590
– – Compliance officer at broker-dealer and commodity pool, guilty plea to creating sham notes (S.D.N.Y.), 520

– Pump-and-dump schemes

– – Spam e-mail used to manipulate stock prices, 5 plead guilty (E.D. Mich.), 447
– – Stock-registration violations, Dallas lawyer indicted (E.D. Va.), 203; Phoenix lawyer pleads guilty to conspiracy, 208

– Restitution, defrauded investor not entitled to full recovery of investment (N.D. Ga.), 35
– Sentencing for fraud, guideline factors in wake of financial crisis, Analysis and Perspective, 298
– Software protecting children's access to internet, 2 indicted for defrauding investors (N.D. Cal.), 516
– “Squawk box” scheme involving material, nonpublic information about client orders, brokers and day traders convicted (E.D.N.Y.), 317
– Tax evasion

See TAX EVASION

– Viatical fraud

– – Mail fraud statute applies to scheme aimed at deceiving unsophisticated investors (11th Cir.), 89
– – Mutual Benefits executive sentenced for tax avoidance (S.D. Fla.), 14

– Video game company, defendants charged with misrepresenting returns on equity interests (S.D. Fla.), 698

SENTENCING

– ABA conferees discuss various issues, 753
– Abuse of trust

– – Bankruptcy debtor who made false statements at creditors' meeting given enhanced sentence (8th Cir.), 712
– – Church leader/substance abuse counselor, defrauding counseled party merits sentence enhancement (3d Cir.), 258
– – Embezzlement

– – – Government contract specialist may receive enhanced sentence (10th Cir.), 18
– – – Secretary for charitable foundation given enhanced sentence (1st Cir.), 676
– – – Uncharged embezzlement, tax evasion sentence may be enhanced for defendant's conduct in (2d Cir.), 184

– – Grant programs manager who approved unauthorized payments given enhanced sentence (8th Cir.), 105
– – Medicaid billing fraud, health care provider may receive enhanced sentence (8th Cir.), 560
– – Mortgage broker who submitted fraudulent loan applications to lenders, enhanced sentence upheld (8th Cir.), 218
– – Tax evasion, sentence enhancement inapplicable (6th Cir.), 419

– Accounting fraud, Adelphia defendants' sentences upheld even though district court should have conducted de novo resentencing (2d Cir.), 746
– Acquitted conduct may be used by judge to increase federal guideline sentence (6th Cir.), 37
– Appeal waiver in plea agreement is presumed valid (D.C. Cir.), 330
– Counterfeiting

– – Bank fraud defendant who pricked air bubbles from fake driver's license may receive enhanced sentence for “production” of counterfeit access device (1st Cir.), 15
– – Currency, conviction for distribution of fake bills printed overseas does not qualify for enhanced sentence (7th Cir.), 72
– – Leadership-role enhancement not applicable to defendant who did not supervise other members of ring (4th Cir.), 562

– Crime information database misused for personal gain, probationary sentence not too lenient (11th Cir.), 713
– Delays in sentencing not barred by Speedy Trial Clause (2d Cir.), 674
– Enron CEO Skilling improperly given enhanced sentence for fraud involving “financial institution” (5th Cir.), 27
– Financial crisis, guideline factors in wake of, Analysis and Perspective, 298
– Government contract awards obtained by fraud, sentence enhanced based on amount of loss (11th Cir.), 675
– Incarceration alternatives should be adopted to fight crime, Holder tells ABA conferees, 574
– Insider trading, “gain” under sentencing guidelines is based on profits linked to misuse of information (10th Cir.), 558
– “Mass-marketing” enhancement applies to fraud of online auction winners due to large number of potential victims (7th Cir.), 457
– Medicare fraud

– – Defendant's knowledge of another person's similar scheme, sentence cannot be enhanced based on (5th Cir.), 73
– – Prior beliefs about merits of prosecution, judge unable to set aside so case remanded and reassigned (11th Cir.), 459

– Meritless filings by pro se defendant not obstruction of justice so no upward departure (6th Cir.), 460
– Modification of sentences, court lacks inherent authority to vacate sentence procured by defendant's fraud (3d Cir.), 17
– Money-transmitting operation lacked license, “value of funds” for sentence enhancement does not require funds be obtained unlawfully (D.C. Cir.), 104
– “Number-of-victims” enhancement

– – Bank reimbursement for loss, amended opinion issued (9th Cir.), 40
– – Estimation of number of victims improper basis for enhancement (9th Cir.), 492
– – Identity theft, reimbursed account holders are “victims” (1st Cir.), 491
– – Third party reimbursement may bar status as “victim” (3d Cir.), 142

– Public hearings to be held by Sentencing Comm'n, 78
– Reduction of sentence, government may condition submission of motion on defendant's agreement to withdraw appeal (7th Cir.), 218
– Safety and soundness of financial institution jeopardized, credit union worker may receive enhanced sentence for embezzlement despite indemnification by third party (8th Cir.), 105
– Tax offenses

– – Evasion is continuing offense for purposes of sentencing guidelines (8th Cir.), 146
– – Lawful deductions not claimed on fraudulent return not included in calculating loss under federal guidelines (11th Cir.), 257
– – Probationary sentence for tax evader, downward deviation from guidelines is reasonable (3d Cir., en banc), 327

– Unreasonableness of sentence within guidelines range, embezzlement case remanded for resentencing (9th Cir.), 254

SHIPS AND SHIPPING

– Bid rigging, CEO of marine fender and buoy maker charged with colluding to allocate customers (E.D. Va.), 382; guilty plea, 485
– Pollution

See OIL AND GAS

– Price fixing

– – Freight shipping services for goods between U.S. and Puerto Rico, executive sentenced (M.D. Fla.), 98
– – Marine hoses, subsidiaries of Swedish firm plead guilty (E.D. Va.), (S.D. Fla.), 315

SOCIAL SECURITY

– Immigrant workers, no-match rule, DHS given time extension to review before filing responsive pleadings in suit challenging rule (N.D. Cal.), 466; rule to be rescinded, 501; DHS issues proposed rule to rescind, 605; no-match rule rescinded, 752

SPAM

– College students targeted in misleading spam scheme, defendants charged (W.D. Mo.), 314
– Securities pump-and-dump scheme, 5 plead guilty to using spam to manipulate stock prices (E.D. Mich.), 447
– Virginia anti-spam law invalid (U.S., rev den), 261

SPECIAL REPORTS

– Data security concerns for businesses, 607
– Electronic filing in federal court systems, 81
– Foreign Corrupt Practices Act, enforcement actions against individuals, 569
– Fraud Enforcement and Recovery Act, impact of new law, 395
– Juror access to new information technologies, effect of extrajudicial data, 264
– Justice Dep't, top priorities for Obama administration, 114
– Lobbying

– – De-registration under Lobbying Disclosure Act, 433
– – Stimulus efforts, White House policy easing ban on discussion of, 432

– Offshore tax evasion, IRS voluntary disclosure program, 722

SPEECH OR DEBATE CLAUSE

– Bribery indictment of Jefferson (D-La), Supreme Court will be asked to review (E.D. Va.), 43; (U.S., rev sought), 150; (rev den), 363
– Embezzlement indictment of Renzi (R-Ariz) may have been based on evidence that violates Clause (D. Ariz.), 172
– House ethics probe into golf trip led by lobbyist Abramoff, responses by Feeney (R-Fla) are protected (D.C. Cir.), 475; DOJ will not appeal decision, 564

SPEEDY TRIAL

– EPA employee charged with false statements and financial conflicts, prosecution dismissed (D.D.C.), 385
– Sentencing delays not barred by Sixth Am. (2d Cir.), 674

STATE AND LOCAL GOVERNMENT

See specific states

STATUTES OF LIMITATIONS

– Money laundering, failure to report income on tax returns extends limitations period for conspiracy (1st Cir.), 217
– Securities fraud, “cherry-picking” not continuing offense, charges involving certain trades time-barred (E.D.N.Y.), 628

STOCK OPTION BACKDATING

– Broadcom Corp.

– – Attorney-client privilege, outside counsel separately representing firm and executives improperly disclosed to government executive's statements from internal probe (C.D. Cal.), 277; case discussed at ABA conference, 428; decision reversed (9th Cir.), 695
– – Plea agreement by co-founder rejected by judge, interlocutory appeal denied (9th Cir.), 710

– Brocade Communications, CEO conviction reversed, vice president's conviction affirmed (9th Cir.), 597
– KB Homes CEO indicted (C.D. Cal.), 169
– Monster Worldwide chief operating officer convicted (S.D.N.Y.), 352; sentencing, 634

SUPERFUND

See ENVIRONMENT

SUPREME COURT, U.S.

– Aggravated identity theft, defendant must know false documents belonged to actual person (rvs), 326
– Attorney-client privilege, immediate appeal of ruling that privilege was waived (oral arg), 724
– Bonuses for executives, larceny convictions of Tyco officers upheld (rev den), 424
– Bribery, Jefferson (D-La), Speech or Debate Clause protection (rev sought), 150; (rev den), 363
– E-mail, unsolicited commercial messages, Va. anti-spam law invalid (rev den), 261
– Federal procedural rules, amendments on time periods and warrants for electronically stored data approved, 295
– Honest services fraud

– – Enron CEO Skilling's conviction upheld (rev grant), 749
– – Hiring patronage scheme by city workers (rev den), 147; Scalia, dissenting, says scope of federal statute needs clarification, 147
– – Media mogul Black, conviction based on conduct not intended to harm private party to whom services owed (rev grant), 349
– – State law, misconduct need not violate in order to sustain federal conviction (rev grant), 461

– Insider trading, Qwest CEO Nacchio's conviction upheld (rev sought), 221; request to be free on bond denied (rev den), 291; review of conviction (rev den), 714
– RICO, “association-in-fact enterprise” does not need structure distinct from pattern of illegal activity (aff), 418; impact of decision, Analysis and Perspective, 504
– Securities fraud, Enron broadband unit executive may be retried after hung jury in first trial (oral arg), 225; double jeopardy challenge upheld (rvs), 407; judgment against another executive vacated and remanded, 462

SWEDEN

– Price fixing, marine hoses, subsidiaries of Swedish firm plead guilty (E.D. Va.), (S.D. Fla.), 315