As jury deliberations enter their third day in former presidential candidate John Edwards's political corruption trial in Greensboro, N.C., the U.S. Department of Justice has a lot riding on his case, too, says the Raleigh News & Observer. Justice's public-integrity section has been under scrutiny since the bungled 2008 case against former U.S. Sen. Ted Stevens (R-AK).
Since the Stevens case, the unit has a new chief, former New York-based federal prosecutor Jack Smith. The Justice Department also has ordered training to make sure prosecutors disclose key evidence to defense attorneys. Kieran Shanahan, a former federal prosecutor who sat through the trial, said Edwards – if convicted – would likely receive a concurrent sentence and serve no more than five years. Peter Henning, a law professor at Wayne State University and co-author of “The Prosecution and Defense of Public Corruption,” said a not-guilty verdict would be “a black eye” for the Justice Department. “It would call into question their decision even to pursue the case,” Henning added.
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She wasn’t old enough to see a PG-13 movie on her own, but Lamiqua Nowell of Franklinton, Oh., owed utility companies thousands in unpaid bills, says...
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The U.S. Justice Department says it doesn't know how many executives have been convicted of wrongdoing in the financial crisis of 2008-2009, the Wall Street Journal reports. That is because the department doesn't keep count of the numbers of board-level prosecutions, it told Sen. Charles Grassley (R-IA), top Republican on the Judiciary Committee.
Commentators say it shouldn't be difficult to gt the numbers. "It's not a big number to count, that's for sure," said Chris Swecker, who ran the FBI's criminal division from 2004 to 2006. William Black, a former bank regulator, notes that the Government Accountability Office produced such numbers in a 1993 report on the savings-and-loan crisis of a generation ago. "I can tell you why you wouldn't keep the data" now, he said. "Because it would be really embarrassing." The full article is available only to paid subscribers.
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By Robin L. Barton
The criminal conspiracy case tied to the deaths of 29 Massey Energy employees in a mine explosion hasn't gotten the kind of media attention it deserves.
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By Graham Kates
Romance scams and other online frauds swindled Americans out of nearly $500 million in 2011.
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Defense lawyers for John Edwards are asking a judge today to dismiss corruption charges, arguing prosecutors failed to prove the former U.S. presidential candidate intentionally violated the law, reports the Associated Press. Such motions rarely are successful, but after 14 days of evidence presented by prosecutors, legal observers said the government's case was weak. "They have established their case enough to get to a jury, but it has holes in it," said Kieran Shanahan, a Raleigh defense lawyer and former federal prosecutor. "He is not charged with being a liar and he is not charged with having a baby out of wedlock. He is charged with breaking campaign finance laws."
Edwards is accused of masterminding a scheme to use nearly $1 million in secret payments from two wealthy donors to help hide his pregnant mistress as he sought the Democratic presidential nomination in 2008. Prosecutors must show Edwards not only knew about the money used in the cover-up orchestrated by two members of his campaign, which he denies, but also that he knew he was violating the law. If U.S. District Judge Catherine Eagles doesn't grant the motion to dismiss, the defense will begin presenting its side Monday. A key question is whether Edwards will take the stand.
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If past history is a guide, no one is likely to go to prison in the Wal-Mart Mexican bribery scheme, James B. Stewart writes in the New York Times. News...
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The U.S. General Services Administration's inspector general has asked the Justice Department to conduct a criminal investigation of the senior official at...
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Four years ago, John Edwards was running for the White House. Now, he's a defendant in a trial starting today, fighting campaign finance charges that could...
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In a highly anticipated test of the Computer Fraud and Abuse Act, the U.S. Court of Appeals for the Ninth Circuit construed it narrowly, saying prosecutors can't use it to go after someone who checks sports scores from a work computer or fibs on Facebook, reports The Recorder. The 1984 law is an anti-hacking statute, not a tool to make federal criminals of anyone who violates employer computer policies or a website's terms of service, an en banc court panel said by a 9-2 vote. The federal prosecution view, wrote Chief Judge Alex Kozinski, "would make criminals of large groups of people who would have little reason to suspect they are committing a federal crime."
The ruling affirms a ruling dismissing much of the government's case against David Nosal, a former employee of an executive search firm accused of having colleagues access a confidential database to get information for his new competing business. Under the government's view of the law, said the court, the "short and homely" person's claim on Craigslist to be tall, dark and handsome could earn the poster a "handsome orange jumpsuit." Vast numbers of teens who used Google could have been deemed "juvenile delinquents" since until last month the company's use agreement technically barred minors from using its services.
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The Center for Public Integrity, with two other organizations, did the first data-driven assessment of transparency, accountability. and anti-corruption mechanisms in all 50 states. No one earned an A grade. Only five states got a B: New Jersey, Connecticut, Washington, California, and Nebraska. Nineen states got C's, 18, D's, and 8 got Fs: Michigan, North Dakota, South Carolina, Maine, Virginia, Wyoming, South Dakota, and Georgia.
State ethics, open records, and disclosure laws lack one key feature: teeth. “It’s a terrible problem,” said Tim Potts of the nonprofit advocacy group Democracy Rising PA, which works to inspire citizen trust in government. “A good law isn’t worth anything if it’s not enforced.” New Jersey emerges at the top of the pack, a seemingly stunning ranking for a state with a reputation for dirty politics. Sparsely-populated Western or Plains states like Idaho, Wyoming, and the Dakotas do poorly. There, libertarianism roots, a small-town, neighborly approach to government, and the belief that “everybody knows everybody” has overridden any perceived need for strong protections in law.
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Former Illinois Gov. Rod Blagojevich left Chicago today for a federal prison in Colorado, where he will begin serving a 14-year sentence as federal inmate 40892-424, reports the Chicago Tribune and Associated Press. He is the state's second governor in a row to be sent to prison for corruption. Blagojevich, 55, will share a cell the size of a large, walk-in closet with up to three inmates. The impeached governor — who was heard on FBI wiretaps scoffing at the idea of earning a low six-figure salary — will work a menial prison job, possibly cleaning bathrooms or doing landscape work, starting at 12 cents an hour.
Blagojevich's fame outside won't do him any good inside, said Jim Marcus, a defense attorney and former prosecutor. “You say you were once the governor of Illinois — no one gives hoot,” Marcus said. “Prisoners are going to say, `You're in the same boat as me, pal. Now go clean the toilettes.“ Marcus added: “After the initial fear of the first days, boredom is the main enemy. Getting up at the same time, eating, working, sleeping at the same time … that's what gets to so many inmates, and Blagojevich is in for such a long time.”
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Michael Douglas, who played financier Gordon Gekko in the 1987 movie "Wall Street" and a sequel, is now starring in a television video for the FBI meant to root out insider trading — the same crime that brought down the high-flying Gekko, the New York Times reports. The one-minute spot that points out that illicit trading is, in fact, illegal, now showing on CNBC and Bloomberg Television, is part of the government’s broader initiative aimed at drawing cooperating witnesses and tipsters from Wall Street.
For years, insider trading was not a top FBI focus, so would-be informants might not have known where to turn. Now that the crime is front-and-center for securities investigators, the video is part reminder, part plea for those who have seen something illegal to say something. “The movie was fiction, but the problem is real,” Douglas says in the announcement. “If a deal looks too good to be true, it probably is.” FBI agent David Chaves said, "It's important for us to have the FBI brand out on Wall Street." The focus on insider trading has drawn criticism from some who call it a distraction from more important crackdowns. On the heels of the financial crisis, which crippled the global economy, the government has filed few cases tied to wrongdoing at the major banks and lenders that prompted the upheaval.
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“This appears to be the end of a long and sad day in the annals of white-collar enforcement,” said U.S. District Judge Richard Leon after prosecutors asked him to drop the case.
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Former Illinois Gov. Rod Blagojevich will serve his 14-year sentence at a federal prison in scenic Englewood, Co., reports the Chicago Tribune. Blagojevich, who is due to report to prison by March 15, hopes to enroll in a substance-abuse program at the prison, which could shave off up to a year of his sentence. Englewood has a reputation for being less crowded and violent than other facilities in the federal system.
Scott Fawell, a co-defendant of former Illinois Gov. George Ryan, said, “Most of the guys I knew (that were familiar with Englewood) said it was nice. It beats being in the middle of cornfields. Most places where they build prisons are not nice. They’re (dumps).” The flamboyant former governor will become Englewood's most famous resident, though it also houses disgraced Enron executive Jeffrey Skilling. Prison staff tend to take a hard line with high-profile inmates, especially early in their sentence, Fawell said. Being in an area where the staff will know less about him might mean he gets a little kinder treatment, he said.
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