As reported in the Wall Street Journal Law Blog, the government has opposed former MLB pitcher Roger Clemens’ request for reimbursement of the legal fees and costs incurred by him in the government’s prosecution of Clemens for perjury, false statements and obstruction of justice. Clemens’ trial in the U.S. District Court for the District of Columbia… Continue Reading
Category Archives: Immunity
Subscribe to Immunity RSS FeedThe Strauss-Kahn Case and Immunity
Posted in ImmunityReaders are familiar with the attempted rape charges against International Monetary Fund Chief and French national, Dominique Strauss-Kahn. If convicted, Mr. Strauss-Khan could face a sentence of 5 to 25 years’ imprisonment. Mr. Strauss-Khan was denied bond by the New York City Criminal Court on Monday and is currently in custody at Riker’s Island Prison…. Continue Reading
Rascos Give Up the Fight; U.S. Senate Assumes Role of a Court for Impeachment Trial of Louisiana District Judge G. Thomas Porteous, Jr.
Posted in Fraud, Immunity, MiscellaneousWe have commented on the case of Alfredo and Niurka Rasco of South Georgia, who were charged in a $6.5 million Medicare fraud scheme. Well, despite a heated and well-founded defense against the charges based upon illegal use of immunized evidence by the government, Mr. Rasco and his wife pled guilty to the charges against them… Continue Reading
SEC Announces New Tools to Secure Cooperation in Investigations and Enforcement Proceedings
Posted in Immunity, Securities and Exchange Commission ProceedingsThe Securities and Exchange Commission announced this week a new initiative to encourage private individuals and corporations to cooperate in SEC investigations and enforcement. The SEC will revise its Enforcement Division’s enforcement manual to add a new section entitled "Fostering Cooperation." The section will allow SEC investigators to use the following "tools": Cooperation Agreements —… Continue Reading
Holding the Government to Its Promises: United States v. Rasco and Immunity
Posted in ImmunityIn criminal cases, the government frequently employs the strategy of offering immunity to one defendant or witness for information to use in an investigation or against others. In some cases, the government may come to regret its agreement and may seek to get around it to prosecute the cooperating defendant or witness. However, as… Continue Reading
Qualified Immunity from a Warrantless Search-Or the Strange Case of Bates v. Harvey
Posted in Immunity“J.T.” was a 17 year-old troubled youth who abused alcohol and drugs, as well as other persons. So troubled, in fact, that his parents obtained a civil commitment order for him from the Probate Court of Upson County, Georgia, averring that J.T. “present[ed] a substantial risk of serious harm to himself or others…”… Continue Reading