Well maybe, if that tree is DOJ... Here's DOJ saying the fraud guidelines need to be updated (from Main Justice). Federal judges were also piping in, with one calling the loss guidelines "a crock."
I'm sure the DOJ officials at this conference weren't staying in the forest though; they were probably staying at the Ritz. Kosher Meatball Blog (I still don't get the name) has more on this OIG report entitled "A Review of U.S. Attorney Travel that Exceeded the Government Lodging Rate." It's not pretty.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Tuesday, November 09, 2010
Monday, November 08, 2010
Miami Herald cites SDFLA and SFLawyers!
Pretty cool. Meantime, I can't get the CHiPs theme song out of my head.
Over the weekend, Jay Weaver profiled Eric Bustillo, the SEC chief. It's a nice piece. Here's the intro:
A product of Jesuit schools in Latin America, Eric Bustillo entered Tulane University in fall 1981.
Within months, his bright future would take a dark turn: He and his friends were returning to the New Orleans campus one night when their car swerved to avoid another and slammed into a tree. Bustillo's spinal cord was severed, leaving him paralyzed.
Today, as he sits in a wheelchair in his corner office overlooking Biscayne Bay, Bustillo displays only optimism. A lawyer for more than 20 years, he is director of the Miami regional office of the U.S. Securities and Exchange Commission, in charge of protecting investors in a region riddled with fraud, from old-fashioned boiler rooms to newfangled Ponzi schemes.
``I could have wallowed in my misfortune, or worked hard, educated myself and not let it become an obstacle,'' said Bustillo, 45, born in New Jersey to Cuban exile parents who moved the family around to Venezuela, Panama and other countries.
Within months, his bright future would take a dark turn: He and his friends were returning to the New Orleans campus one night when their car swerved to avoid another and slammed into a tree. Bustillo's spinal cord was severed, leaving him paralyzed.
Today, as he sits in a wheelchair in his corner office overlooking Biscayne Bay, Bustillo displays only optimism. A lawyer for more than 20 years, he is director of the Miami regional office of the U.S. Securities and Exchange Commission, in charge of protecting investors in a region riddled with fraud, from old-fashioned boiler rooms to newfangled Ponzi schemes.
``I could have wallowed in my misfortune, or worked hard, educated myself and not let it become an obstacle,'' said Bustillo, 45, born in New Jersey to Cuban exile parents who moved the family around to Venezuela, Panama and other countries.
Friday, November 05, 2010
Looks like Ponch is going to have a few solo missions on the California Highway Patrol for awhile
SFLawyers previously covered Larry Wilcox's (Jon Baker in CHiPs) case here. He actually pleaded guilty before Judge Cohn today. Here's the actual plea agreement. He's obviously cooperating in this securities fraud case and his sentence is capped at 5 years. He agreed to all of the enhancements in his agreement for a one month conspiracy in 2009, including amount of loss, abuse of trust, sophisticated means, officer/director, and he agreed not to ask for a variance or appeal. So, he will have to hope the government goes to bat for him on his cooperation. If not, he's looking at 2 years by my count.
Friday
Finally, some good cool weather.
Justice Stevens gave this cool speech -- and he uses trilogies too:
Today I plan to say a few words about memorials, mosques, and monuments. Like Lieutenant Ichikawa, who is being honored today, I served in the Pacific theater during World War II. The Empire of Japan was our principle enemy in that theatre. Lieutenant Ichikawa, like literally thousands of other patriotic Japanese Americans including residents of Hawai'i as well as residents of the Mainland -made a magnificent contribution to our war effort there.
In other news:
Gary Kravitz, Murray Greenberg, and Nathaniel Persily of Columbia Law School, along with the St. Thomas Law Review have put together a symposium next weekend (November 12-13, 2010) entitled Bush v. Gore: A DecadeLater. Panelists inclue Greenberg, Persily, Ben Ginsberg, Kendall Coffey, Ben Kuehne, Joe Klock, Jim Bopp, Justice Fred Lewis, Judge Nikki Clark, Jeff Erlich, Paul Hancock, Kim Tucker and an academic panel including Jim Gibson, Nelson Lund and Edward Foley.
This event will be held at St. Thomas and admission is free. The symposium has been approved for a maximum of 7 CLE credits.
SCHEDULE OF EVENTS:
Friday, November 12, 2010
Welcoming Remarks 4:00-4:15 p.m.
The View from the Litigants 4:15-5:45 p.m.
Saturday, November 13, 2010
Continental Breakfast 8:30-9:00 a.m.
The View from the Administrators 9:00-10:30 a.m.
The View from the Bench 10:30 a.m.-12:00 p.m.
Luncheon Panel-
The View from Academia 12:15-2:00 p.m.
Closing Remarks 2:00-2:15 p.m.
Registration is required prior to November 10, 2010. Please contact the Law Review Office at lawrev@stu.edu or phone (305) 623-2380.
St. Thomas Law Review
St. Thomas University School of Law
16401 NW 37th Avenue
Miami Gardens, FL 33054
Justice Stevens gave this cool speech -- and he uses trilogies too:
Today I plan to say a few words about memorials, mosques, and monuments. Like Lieutenant Ichikawa, who is being honored today, I served in the Pacific theater during World War II. The Empire of Japan was our principle enemy in that theatre. Lieutenant Ichikawa, like literally thousands of other patriotic Japanese Americans including residents of Hawai'i as well as residents of the Mainland -made a magnificent contribution to our war effort there.
In other news:
Gary Kravitz, Murray Greenberg, and Nathaniel Persily of Columbia Law School, along with the St. Thomas Law Review have put together a symposium next weekend (November 12-13, 2010) entitled Bush v. Gore: A DecadeLater. Panelists inclue Greenberg, Persily, Ben Ginsberg, Kendall Coffey, Ben Kuehne, Joe Klock, Jim Bopp, Justice Fred Lewis, Judge Nikki Clark, Jeff Erlich, Paul Hancock, Kim Tucker and an academic panel including Jim Gibson, Nelson Lund and Edward Foley.
This event will be held at St. Thomas and admission is free. The symposium has been approved for a maximum of 7 CLE credits.
SCHEDULE OF EVENTS:
Friday, November 12, 2010
Welcoming Remarks 4:00-4:15 p.m.
The View from the Litigants 4:15-5:45 p.m.
Saturday, November 13, 2010
Continental Breakfast 8:30-9:00 a.m.
The View from the Administrators 9:00-10:30 a.m.
The View from the Bench 10:30 a.m.-12:00 p.m.
Luncheon Panel-
The View from Academia 12:15-2:00 p.m.
Closing Remarks 2:00-2:15 p.m.
Registration is required prior to November 10, 2010. Please contact the Law Review Office at lawrev@stu.edu or phone (305) 623-2380.
St. Thomas Law Review
St. Thomas University School of Law
16401 NW 37th Avenue
Miami Gardens, FL 33054
Wednesday, November 03, 2010
Happy Halloween
This press release found its way to my inbox: DEFENDANT CHARGED WITH IMPORTING CANDY LACED WITH COCAINE ON FLIGHT TO FORT LAUDERDALE.
Well, I had to read more:
According to the criminal complaint, on November 1, 2010, Perez arrived into Fort Lauderdale/Hollywood International Airport on a flight from Bogota, Colombia. Perez proceeded to the CBP enclosure and presented himself and his luggage to CBP officers for inspection and entry into the United States. Within the luggage claimed by Perez, there were multiple paper shopping bags containing different articles of clothing. In addition, Perez claimed bags containing various types of candies. CBP discovered that the bottom of these bags contained cocaine. Upon this discovery, CBP gave closer inspection to the bags of candy claimed by Perez. CBP field-tested one of each type of candy and found that each type of candy field tested positive for cocaine. In total, CBP determined that Perez was in possession of approximately 9.6 kilograms of cocaine. Subsequently, ICE special agents arrested Torres Perez on the federal criminal charges.
Yikes, that's a lot of candy!
"If Mr. Rothstein thinks setting up Mr. Settineri is going to get him a get-out-of-jail card, he's sadly mistaken.''
That was Jeff Weiner after Judge Cohen sentenced his client Roberto Settineri to four years (via the Miami Herald):
Defense attorney Jeffrey Weiner and federal prosecutors recommended that Settineri receive four years' imprisonment at his sentencing Wednesday morning in Fort Lauderdale.
The U.S. District Judge James Cohn called it a ``fair resolution.'' The maximum is five years.
In exchange for his guilty plea in August, Assistant U.S. Attorney Cynthia Stone dropped the original conspiracy charges, which carried up to 20 years in prison.
After Settineri's sentencing, Weiner said that his client could actually be released from prison in about two years. Settineri received credit for eight months of detention since his arrest in March. The judge also allowed him to enter a 500-hour alcohol abuse program in prison, which, if completed, would cut an additional year off his sentence.
Weiner said that while his client said nothing at his sentencing, Settineri took full responsibility and apologized for his wrongdoing in a court filing.
``His life was fine until he made this terrible mistake in judgment,'' Weiner said. ``He thought he was helping a friend in need. He's embarrassed about it.''
Defense attorney Jeffrey Weiner and federal prosecutors recommended that Settineri receive four years' imprisonment at his sentencing Wednesday morning in Fort Lauderdale.
The U.S. District Judge James Cohn called it a ``fair resolution.'' The maximum is five years.
In exchange for his guilty plea in August, Assistant U.S. Attorney Cynthia Stone dropped the original conspiracy charges, which carried up to 20 years in prison.
After Settineri's sentencing, Weiner said that his client could actually be released from prison in about two years. Settineri received credit for eight months of detention since his arrest in March. The judge also allowed him to enter a 500-hour alcohol abuse program in prison, which, if completed, would cut an additional year off his sentence.
Weiner said that while his client said nothing at his sentencing, Settineri took full responsibility and apologized for his wrongdoing in a court filing.
``His life was fine until he made this terrible mistake in judgment,'' Weiner said. ``He thought he was helping a friend in need. He's embarrassed about it.''
"Some of the Grimm’s fairy tales are quite grim." -- Justice Scalia during oral argument yesterday
So were some of those election results...
Here's the NY Times article on the violent video game argument in the Supreme Court:
The law would impose $1,000 fines on stores that sell violent video games to people under 18. It defined violent games as those “in which the range of options available to a player includes killing, maiming, dismembering or sexually assaulting an image of a human being” in a way that is “patently offensive,” appeals to minors’ “deviant or morbid interests” and lacks “serious literary, artistic, political or scientific value.”
“What’s a deviant violent video game?” asked Justice Antonin Scalia, who was the law’s most vocal opponent on Tuesday. “As opposed to what? A normal violent video game?”
“Some of the Grimm’s fairy tales are quite grim,” he added. “Are you going to ban them, too?”
Justice Stephen G. Breyer took the other side. He said common sense should allow the government to help parents protect children from games that include depictions of “gratuitous, painful, excruciating, torturing violence upon small children and women.”
Scalia got the better of Alito in this exchange:
But Justice Scalia said there was nothing in the tradition of American free speech that would allow the government to ban depictions of violence. The thought, he said, would have been foreign to the drafters of the First Amendment, drawing a needling comment from Justice Samuel A. Alito Jr., the lone dissenter in the Stevens case.
“What Justice Scalia wants to know,” Justice Alito said, “is what James Madison thought about video games.”
“No,” Justice Scalia responded, “I want to know what James Madison thought about violence.”
And they better not ban Mortal Kombat!
Justice Elena Kagan, the court’s newest and youngest member, seemed to be the only justice with even a passing familiarity with the genre under review, even if it was secondhand.
“You think Mortal Kombat is prohibited by this statute?” she asked Mr. Morazzini. It is, she added, “an iconic game which I am sure half the clerks who work for us spent considerable time in their adolescence playing.”
Mr. Morazzini said the game was “a candidate” for government regulation.
There was another big oral argument yesterday -- US v. Skilling:
A three-judge appeals court panel grilled attorneys for former Enron CEO Jeff Skilling and the government on Monday, trying to decide whether to throw out or order new trials on any of Skilling's 19 convictions.
His defense lawyer, Daniel Petrocelli, argued the U.S. Supreme Court's decision that the government was wrong to use a particular legal theory in charging Skilling with conspiracy means that charge and the remaining 18 should be thrown out.
The government contends that a rational jury would have convicted even without the faulty theory that he deprived Enron of his "honest services," because evidence overwhelmingly supported Skilling's guilt.
But the hearing, in which each side had 30 minutes to provide oral arguments, was more about the judges' questions than the lawyers' answers.
Judge Edward Prado asked if it would make more sense for the federal district court where Skilling was tried in 2006 to decide the issues raised by the Supreme Court decision.
Determining if the "honest services" theory tainted the other charges would involve digging into the voluminous details of the five-month trial, Prado said.
Petrocelli said nothing would prevent the appeals court from sending the issue to the trial judge, but that the question is one of law.
"The court isn't being asked to act as a 13th juror," or guess what the original jury was thinking, Petrocelli said. Rather it needs to look at the court record and determine if a "reasonable jury" could find Skilling not guilty based on the evidence.
"The record is filled with acquittal evidence," Petrocelli said.
You can access the audio of yesterday's Fifth Circuit oral argument via this link (53.7MB Windows Media audio file). Why don't we have that in the 11th Circuit?
Here's the NY Times article on the violent video game argument in the Supreme Court:
The law would impose $1,000 fines on stores that sell violent video games to people under 18. It defined violent games as those “in which the range of options available to a player includes killing, maiming, dismembering or sexually assaulting an image of a human being” in a way that is “patently offensive,” appeals to minors’ “deviant or morbid interests” and lacks “serious literary, artistic, political or scientific value.”
“What’s a deviant violent video game?” asked Justice Antonin Scalia, who was the law’s most vocal opponent on Tuesday. “As opposed to what? A normal violent video game?”
“Some of the Grimm’s fairy tales are quite grim,” he added. “Are you going to ban them, too?”
Justice Stephen G. Breyer took the other side. He said common sense should allow the government to help parents protect children from games that include depictions of “gratuitous, painful, excruciating, torturing violence upon small children and women.”
Scalia got the better of Alito in this exchange:
But Justice Scalia said there was nothing in the tradition of American free speech that would allow the government to ban depictions of violence. The thought, he said, would have been foreign to the drafters of the First Amendment, drawing a needling comment from Justice Samuel A. Alito Jr., the lone dissenter in the Stevens case.
“What Justice Scalia wants to know,” Justice Alito said, “is what James Madison thought about video games.”
“No,” Justice Scalia responded, “I want to know what James Madison thought about violence.”
And they better not ban Mortal Kombat!
Justice Elena Kagan, the court’s newest and youngest member, seemed to be the only justice with even a passing familiarity with the genre under review, even if it was secondhand.
“You think Mortal Kombat is prohibited by this statute?” she asked Mr. Morazzini. It is, she added, “an iconic game which I am sure half the clerks who work for us spent considerable time in their adolescence playing.”
Mr. Morazzini said the game was “a candidate” for government regulation.
There was another big oral argument yesterday -- US v. Skilling:
A three-judge appeals court panel grilled attorneys for former Enron CEO Jeff Skilling and the government on Monday, trying to decide whether to throw out or order new trials on any of Skilling's 19 convictions.
His defense lawyer, Daniel Petrocelli, argued the U.S. Supreme Court's decision that the government was wrong to use a particular legal theory in charging Skilling with conspiracy means that charge and the remaining 18 should be thrown out.
The government contends that a rational jury would have convicted even without the faulty theory that he deprived Enron of his "honest services," because evidence overwhelmingly supported Skilling's guilt.
But the hearing, in which each side had 30 minutes to provide oral arguments, was more about the judges' questions than the lawyers' answers.
Judge Edward Prado asked if it would make more sense for the federal district court where Skilling was tried in 2006 to decide the issues raised by the Supreme Court decision.
Determining if the "honest services" theory tainted the other charges would involve digging into the voluminous details of the five-month trial, Prado said.
Petrocelli said nothing would prevent the appeals court from sending the issue to the trial judge, but that the question is one of law.
"The court isn't being asked to act as a 13th juror," or guess what the original jury was thinking, Petrocelli said. Rather it needs to look at the court record and determine if a "reasonable jury" could find Skilling not guilty based on the evidence.
"The record is filled with acquittal evidence," Petrocelli said.
You can access the audio of yesterday's Fifth Circuit oral argument via this link (53.7MB Windows Media audio file). Why don't we have that in the 11th Circuit?
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