The Judge Is Fine
The First Circuit recently held that the rule of Apprendi v. New Jersey, which mandated
that statutory sentencing enhancements must be found by a jury and
not a judge, does not apply to determinations about criminal
fines.
(I Think I May Object. On Second Thought, Never Mind.)
Oops!
It is no longer good enough in the Eleventh Circuit to fail to
contemporaneously raise an objection because of either a cowardly
attorney or a vindictive judge. That court split from two Second Circuit cases, Leung and Kaba, and held that an appellant
cannot use either excuse to avoid plain-error review. So much for
the "shrinking violet" defense.
Wasting Money on Healthcare Fraud Prosecution
Senator Charles Grassley expressed frustration that the
government is spending money to prosecute healthcare fraud but is
not seeing results. In a letter to HHS Secretary Kathleen
Sebelius and Attorney General Eric Holder, he took the two
departments to task for this discrepancy.
Security and Electronic Surveillance
In the meantime, Senator Patrick Leahy committed (among other things at the
start of the 112th Congress) to focus the Senate
Judiciary Committee on reviewing the statute that requires
firms to aid the government's surveillance efforts. Senator
Leahy noted that the modification of that statute cannot ignore the
importance of national security.
Don't Bank on It
Some banks are grappling with the U.S. antifraud and
anti-money-laundering rules by refusing to open accounts for some
foreign governments and their ambassadors.
Fraud Enforcement Shakeup Across the Pond
After implementing the Bribery Act, which is akin to the U.S.
FCPA, the United Kingdom is moving to restructure how it fights
fraud. The government is creating an Economic Crime Agency, merging
the responsibilities of the Serious Fraud Office and the Financial
Services Authority. For more information, click here.
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