The Daily Caveat is written by Michael Thomas, a recovering corporate investigator in the Washington, DC-area. [More]
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6/24/2008
Transparency International Shames Countries Soft on Corporate Bribery Prosecution
Former DOJ Official Criticizes Deferred Prosecution Agreements
DOJ Goes Girlie Man on Corporate Crime
3/04/2008
Organizational Liability and Corporate Crime
FSA Prosecutes Phoney Stockbroker
The Economist Eulogizes America's War on Corporate Crime
Under Government Investigation - When to Play Ball
Execs on the Run, Law Enforcement Struggles With High Level White Collar Prosecutions
Insider Trading Charges a Back Door For Prosecutors
Running Out the Clock on Backdating Charges
Skilling Gets Brief Reprieve on Jailtime
Transparency International Shames Countries Soft on Corporate Bribery Prosecution
Read a brief UK-centric recap here or check out the full report at the Transparency website.
-- MDT
6/08/2008
-- MDT
Labels: BAE, bribery, prosecution, Siemens
Former DOJ Official Criticizes Deferred Prosecution Agreements
That would be David Uhlman, former head of Environmental Crimes, speaking to the Corporate Crime Reporter.
4/11/2008
-- MDT
Labels: attorney client privilege, David Uhlman, DOJ, prosecution
DOJ Goes Girlie Man on Corporate Crime
Deals replace prosecutions and bad actors keep on truckin.'
-- MDT
-- MDT
Labels: corporate crime, DOJ, pre-trial agreements, prosecution
1 Comments.
I have been posting on this issue at my blog for months. The DOJ is totally out of control. It is too busy concealing wrondoing to be of any use to the public.
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Organizational Liability and Corporate Crime
Pretty interesting paper on this subject from the Business and Human Rights Resource Center. Their report on Corporate Culture as a Basis for the Criminal Liability of Corporations was prepared by the law firm Allens Arthur Robinson on behalf of the United Nations Special Representative of the Secretary General for Business and Human Rights. It is a fairly lengthy doc, but if you have an international bent, probably something worth reviewing.
-- MDT
2/18/2008
-- MDT
Labels: Allens Arthur Robinson, corporate ethics, organizational liability, prosecution
FSA Prosecutes Phoney Stockbroker
William Anthony ‘Robin’ Radclyffe bilked clients of hundreds of thousands of dollars between 1997 and 2004. based on his recent guilty plea he'll serve 15 months and face assorted other penalties. The prosecution represents a rare case of the FSA utilizing its power to bring such cases. More on the Radclyffe prosecution right here.
-- MDT
12/14/2007
-- MDT
Labels: FSA, prosecution, William Radclyffe
The Economist Eulogizes America's War on Corporate Crime
Using the "funeral" of Conrad Black as the venue. Required reading...
-- MDT
-- MDT
Labels: corporate investigation, Mark Dann, prosecution, prosecution guidelines, Stoneridge, sub-prime mortgage
Under Government Investigation - When to Play Ball
Some advice on the subject from attorney John Gamble, a partner with Fisher & Phillips. Via Law.com
-- MDT
7/23/2007
-- MDT
Labels: mcnulty memo, prosecution, United States v. Stein
Execs on the Run, Law Enforcement Struggles With High Level White Collar Prosecutions
Deal or fight? Traditionally these are the two options available to high-profile white collar criminals. Increasingly though, a third option has presented itself - run like hell. Let's face it, what would you do if you were an international bon vivant with more money than god who was looking down the barrel of a 20 year prison sentence?
If you're a second tier player, you probably just strike a deal and turn in your boss. But what if you are the boss (and you didn't happy to provide the current president with his campaign jet)? You might just decide that (insert non-extradition treaty country) is supposed to be really beautiful this time of year, rather than make your court date.
Take the case in point of Michael Berger, a hedge fund manager wanted since 2000, who ran out on an 87 month prison sentence and who only recently found himself back in the warm bosom of international law enforcement.
-- MDT
4/24/2007
If you're a second tier player, you probably just strike a deal and turn in your boss. But what if you are the boss (and you didn't happy to provide the current president with his campaign jet)? You might just decide that (insert non-extradition treaty country) is supposed to be really beautiful this time of year, rather than make your court date.
Take the case in point of Michael Berger, a hedge fund manager wanted since 2000, who ran out on an 87 month prison sentence and who only recently found himself back in the warm bosom of international law enforcement.
-- MDT
Labels: corporate scandal, on the run execs, prosecution
Insider Trading Charges a Back Door For Prosecutors
Interesting article from the NJ Star Ledger (which features quote-love for friend of The Daily Caveat Peter Henning) on changing strategies for corporate crime prosecutors. Using the Joe Nacchio trial as a case in point, Henning describes in the article how prosecutors can use insider trading charges against executives as a back door to exploring accounting fraud without having to dive into the treacherous, confusing minutia that comes from attacking corporate accounting head on.
-- MDT
2/20/2007
-- MDT
Labels: accounting fraud, insider trading, Joe Nacchio, Peter Henning, prosecution
Running Out the Clock on Backdating Charges
With a five year window for action on stock options backdating prosecutions, time is of the essence for regulators. With more than 150 firms under potential investigation and countess stones unturned. Some of the highest profile cases are nearing the end of that window, Brocade for example. Of course, the government can always ask potential defendands to give them more time...I'm sure they'd be willing.
Maybe...
-- MDT
12/11/2006
Maybe...
-- MDT
Labels: backdating, Brocade, prosecution, stock options
Skilling Gets Brief Reprieve on Jailtime
He might just make bail while he waits on appeal. The WSJ elaborates.
Also, Tom Kirkendall at the always charming (even when I disagree with him) Houston's Clear Thinkers, takes his usual hard look at the full gamut of Enron-related prosecutions. Well worth a look in case you've lost track of who all got left with the tab when Enron went belly up. Check it out.
-- MDT
Also, Tom Kirkendall at the always charming (even when I disagree with him) Houston's Clear Thinkers, takes his usual hard look at the full gamut of Enron-related prosecutions. Well worth a look in case you've lost track of who all got left with the tab when Enron went belly up. Check it out.
-- MDT
Labels: appeal, bail, corruption, Enron, Houston's Clear Thinkers, Jeff Skilling, prosecution, white collar crime
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