White Collar Crime Report: Index-Summary

E-MAIL

– Account hacking, search warrant for laptop, particularity (E.D. Tenn.), 280; guilty verdict, 351
– Employee privacy in personal e-mail sent to lawyer on company laptop

– – Home health care exec (N.J.), 292
– – Prosecutor (N.J.), 44

– Interception of message, Wiretap Act liability (7th Cir.), 665
– Judge targeted by civil litigant's campaign, summary criminal contempt (7th Cir.), 439
– Keylogger software installed by employer to monitor mail, unauthorized access (N.Y. Crim. Ct.), 317
– Prosecutor's unlawful subpoena for records, expectation of privacy (11th Cir.), 537
– Servers, Computer Fraud and Abuse Act, exceeding authorized access to protected computer (D. Neb.), 282
– Spam

See SPAM

– Stored messages, subscriber expectation of privacy (6th Cir.), 878

EDUCATION

See SCHOOLS

ELDERLY PERSONS

– Advisory firm execs, scheme targeting elderly retirees, arrest (E.D.N.Y.), 276
– Nursing home resident's death, liability for employee negligence (Mass.), 353
– Offering scheme targeting elderly, managing director, guilty verdict (N.D. Tex.), 284

ELECTRONIC SURVEILLANCE

See WIRETAPPING

EMBEZZLEMENT

– Campaign contributions

– – GOP treasurer pleads guilty (D.D.C.), 626
– – Shays (R-Conn) campaign manager sentenced (D. Conn.), 660

– Ernst & Young employee sentenced (N.D. Cal.), 761
– Health care benefits program funds (2d Cir.), 733
– Investment firm controller sentenced (S.D.N.Y.), 701
– Landscape firm employee benefit plan, indictment (M.D. Pa.), 349
– N.Y. newspaper union, ex-president (S.D.N.Y.), 7; guilty plea, 322
– Priest sentenced (N.D. Ohio), 807
– Renzi (R-Ariz) campaign finance charges

– – Business associate convicted (D. Ariz.), 497
– – Wiretap evidence violated attorney-client privilege (D. Ariz.), 421

– Union funds

See UNIONS

ENERGY

– Coal mine foremen charged in fatal mine fire (S.D.W. Va.), 494
– FCPA, electrical goods and services firm agrees to pay fine (S.D. Tex.), 695
– Oil and gas

See OIL AND GAS

– Plant explosion, Conn. authorities investigate, 125
– Wire fraud, CFO, taking firm money for own investment, guilty verdict (W.D. Okla.), 175; sentencing, 849

ENRON

– Double jeopardy, exec reindictment challenge, jurisdiction (5th Cir.), 328; (U.S., rev den), 767
– Honest services fraud, CEO Skilling conviction (U.S., oral arg), 165; (aff in part and vac in part), 459; BNA Insights, 508; impact of decision, BNA Insights, 581; fewer prosecutions likely, Special Report, 676; legislative response discussed at Senate hearing, 704; oral argument set on new trial motion (5th Cir.), 705; intangible property theories in post-Skilling cases, BNA Insights, 741
– Nigerian barge scheme, Merrill Lynch executive will not be retried for defrauding Enron investors (S.D. Tex..), 694

ENVIRONMENT

– Acidic wastewater discharges, wire maker sentenced (C.D. Cal.), 808
– Asbestos

See ASBESTOS

– Chemicals dumped into local stream, recycling firm indicted (Ill. Cir. Ct.), 427
– Clean Air Act violations

– – Coke plant indicted (W.D.N.Y.), 557
– – Fatal oil refinery explosion, BP to pay fine, 608

– Clean Water Act

– – Asbestos removal and disposal violations, sentencing (N.D.N.Y.), 435
– – Cargo ship fuel spill in San Francisco Bay, ship operator fine (N.D. Cal.), 138
– – Jurisdiction in wetlands enforcement cases (D. Del.), 672
– – Negligence standard for criminal liability, BNA Insights, 775
– – Oil pipeline rupture, revocation of BP probation recommended (D. Alaska), 855; BP denies violation, 938
– – Tank barge explosion, captain charged (N.D. Ill.), 98
– – Wastewater discharge, guilty plea (N.D. Ala.), 16

– Enforcement, 2009 developments, 233; 334
– Migratory Bird Treaty Act

– – Oil and gas extraction firm sentenced (D. Colo.), 629
– – Oil drilling firms liable for death of birds (10th Cir.), 536

– Oil and gas pollution

See OIL AND GAS

– Permits, bribery to speed up issuance, sentencing (E.D.N.C.), 140
– Recycling

– – Beverage container fraud scheme, arrests and charges (Cal. Super. Ct.), 349
– – Electronic waste, state program defrauded (Cal. Super. Ct.), 623

– Resource Conservation and Recovery Act (RCRA) trial, evidence of prior waste conviction (S.D.W. Va.), 282
– Safe Drinking Water Act, mayor and public works superintendent, indictment (W.D. Mo.), 279; guilty plea, 598
– Superfund site cleanup, bid rigging, subcontractor sales rep, sentencing (D.N.J.), 180
– Tax evasion, chemicals dealer retrial, guilty verdict (E.D.N.Y.), 102
– Wastewater treatment worker dies, company officials indicted (Ohio Ct. Com. Pl.), 464
– Waters, federal jurisdiction over

See LEGISLATION, FEDERAL, HR 5088

ETHICS

– Attorneys

See ATTORNEYS

– Congress

See CONGRESS, U.S.

– Government employees

See GOVERNMENT EMPLOYEES

– Lobbyists, appointment to federal advisory committees barred by White House, 507

EVIDENCE

– Bribery of local government officials, proof of quid pro quo (11th Cir.), 392
– Counterfeit drug trafficking, failure to introduce evidence that mark was on principal register (5th Cir.), 185
– Discovery

See DISCOVERY

– Expert testimony

See EXPERT WITNESSES

– Federal Rules amendments, Supreme Court approval, 365
– Innocent state of mind, proof that defendant rejected deferred prosecution offer (6th Cir.), 533
– Judge's case-management authority, limiting evidence to only certain victims (10th Cir.), 221
– Partial repayment offer, admissibility to show awareness of culpability for theft (D.C. Cir.), 181
– Resource Conservation and Recovery Act (RCRA) trial, evidence of prior waste conviction (S.D.W. Va.), 282
– Search and seizure

See SEARCH AND SEIZURE

– Witnesses

See WITNESSES AND TESTIMONY

EX POST FACTO LAWS

– Sentencing guidelines, “one book” rule (2d Cir.), 603

EXECUTIVE COMPENSATION

– Backdating stock options

See STOCK OPTION BACKDATING

– Taxes, stock compensation received by GlobeTel CEO not reported to IRS, sentencing (S.D. Fla.), 567

EXPERT WITNESSES

– Body armor supply firm fraud scheme, testimony re handwriting and corporate governance (E.D.N.Y.), 97
– Economic testimony excluded from insider trading trial of Qwest CEO Nacchio, new trial motion (D. Colo.), 101
– Fee for consulting services to defendant, ancillary jurisdiction of court to consider (8th Cir.), 570
– Forensic accountant, proof of financial fraud (D.S.C.), 35; medical firm execs, guilty verdict, 175
– Trademark registration, expert who never viewed documents (Ohio), 222

EXTORTION

– Hedge fund, rabbi arrested (S.D.N.Y.), 126
– Indianapolis councilman indicted (S.D. Ind.), 691
– Transit union leader bribes of bus companies, indictment (S.D.N.Y.), 171; guilty plea, 564