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Category Archives: Corporate Crimes

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Southern Union Co. v. United States — Must a Jury, and not the Judge, Find the Facts Necessary to Impose a Criminal Fine?

Posted in Corporate Crimes

The U.S. Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), held that the Fifth and Sixth Amendments of the U.S. Constitution require that any fact which increases punishment beyond the maximum prescribed by statute must be determined by a jury, rather than a judge. The Court’s holding in Apprendi led to its… Continue Reading

Associate of Former Arizona Representative Rick Renzi Sentenced to 3 Years’ Probation for Conspiracy and Embezzlement; Follows Acquittal of Mr. Andrew Beardall on All Charges

Posted in Acquittal, Corporate Crimes, indictment

Yesterday, Dwayne Lequire, a former accountant at an insurance firm run by former Republican U.S. Representative for Arizona Rick Renzi was sentenced to three years probation in the U.S. District Court for the District of Arizona, according to KTAR.com. Representative Renzi represented Arizona’s 1st Congressional District until declining to seek re-election in 2008. He is alleged… Continue Reading

Senate Permanent Subcomittee on Investigations Grills Goldman Sachs Execs

Posted in Corporate Crimes, Fraud

Goldman Sachs alleged securities fraud and role in the financial collapse has dominated the news this week, as reported by ABC News, NBC news and Bloomberg. It is difficult to evaluate the evidence against or supporting Goldman at this stage, but Goldman’s fortunes were not helped by an inquisitorial and highly publicized hearing by the Senate… Continue Reading

Government Looks for Success Against Former KB Home Executive Following String of Failures in Stock Option Backdating Cases

Posted in Corporate Crimes

After the failure of its backdating case against Gregory Reyes, former Chief Executive Officer of Brocade Communications Systems, prosecutors with the U.S. Attorney’s Office for the Central District of California are taking a new tack in its backdating case against former KB Home CEO Bruce Karatz, according to the National Law Journal. Karatz is alleged to have received… Continue Reading

Federal Prosecutions of Corporate, Financial and White-Collar Crimes Fall to Six-Year Low; Congress Increases Funding & DOJ Increases Criminal Probes

Posted in Corporate Crimes, Fraud

Brad Heath points out a disturbing trend in today’s USA Today–federal prosecutions of serious corporate, financial and other white-collar crimes have fallen to new lows. In this age of Enron, Madoff and massive failures of financial institutions, this is a serious breach of the public trust. The article contains a chart which shows that, in fiscal… Continue Reading

Florida Executive Sentenced in $10.5 Million Embezzlement Scheme

Posted in Corporate Crimes, False Claims, Fraud, Money Laundering, Securities Fraud

Although it may be considered small change when compared with the fraud of fellow Floridian Scott Rothstein, according to an FBI press release, Gary Ernest Williams, former Chief Financial Officer for Marian Gardens Tree Farm (MGTF) in Groveland, Florida, was sentenced to eight years imprisonment on Monday in the U.S. District Corut for the Middle District of… Continue Reading

Time for a “Good Faith” Defense to Corporate Liability for Criminal Acts or Omissions of Agents

Posted in Corporate Crimes

   Criminal prosecutions involving corporations in many cases involve a corporation being exposed to criminal liability for the criminal acts or omissions of its agents which the corporation may not have known of and which were contrary to its express policies or procedures. The Eleventh and former Fifth Circuits have long held that a corporation… Continue Reading