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Wednesday, November 19, 2014
McCrum Survives First Motion to Quash Perry Indictment
Special Prosecutor Mike McCrum has survived an attempt to quash the Rick Perry indictment based on alleged procedural irregularities connected to McCrum's appointment. Courthouse News has the story here. The Order Relating to Authority of Attorney Pro Tem, written by Assigned Judge Bert Richardson, appears to be carefully and thoughtfully crafted. We can expect a similar approach to the more substantive constitutional issues awaiting Judge Richardson's pen.
November 19, 2014 in Judicial Opinions, Prosecutions, Prosecutors | Permalink | Comments (0) | TrackBack (0)
Monday, November 17, 2014
ABA CJS Task Force Releases Proposed Reforms for Federal Sentencing of Economic Crimes
The American Bar Association Criminal Justice Section Task Force on the Reform of Federal Sentencing for Economic Crimes has released its final report. The report contains significant proposed amendments to the existing federal sentencing guidelines for economic offenses. As to the general structure, the proposed guidelines fit on a single page and contain only three sections for specific offense characteristics, compared with the nineteen sections currently contained in USSG section 2B1.1. The three sections in the proposal are "loss," "culpability," and "victim impact."
The loss section contains only six levels of loss, from more than $20,000 to more than $50,000,000. As currently drafted, a loss of more than $50,000,000 would result in a 14 point increase in the defendant's offense level. This is a significant amendment from USSG section 2B1.1, which contain 16 levels of loss, the most significant of which increases a defendant's base offense level by 30 points. It is important to note, however, that the Task Force makes clear in its commentary that it is most focused on the proposed structure of the economic crimes guidelines. The report states, "First, we feel more strongly about the structure of the proposal than we do the specific offense levels we have assigned. We assigned offense levels in the draft because we think it is helpful in understanding the structure, but the levels have been placed in brackets to indicate their tentative nature."
The remaining two specific offense characteristics – Culpability and Victim Impact – are presented in a manner that allows for consideration of various factors before determining where a defendant falls on a range from low to high. For example, culpability is either "Lowest Culpability," "Low Culpability," "Moderate Culpability," "High Culpability," or "Highest Culpability." According to the commentary, a defendant's culpability level will depend on an "array of factors," including the correlation between loss and gain. In many ways, this portion of the proposal looks similar to the recently adopted Sentencing Council for England and Wales "Fraud, Bribery and Money Laundering Offences – Definitive Guidelines." As described in my previous post, these guidelines for England and Wales utilized a "High Culpability," "Medium Culpability," and "Low Culpability" model.
Finally, the proposal contains an interesting offense cap for non-serious first time offenders. The proposed guidelines state, "If the defendant has zero criminal history points under Chapter 4 and the offense was not 'otherwise serious' within the meaning of 28 U.S.C. section 994(j), the offense level shall be no greater than 10 and a sentence other than imprisonment is generally appropriate." According to the commentary, in making such a decision, the court should consider (1) the offense as a whole, and (2) the defendant's individual contribution to the offense.
As the U.S. Sentencing Commission has stated, addressing federal sentences for economic crimes is one of the Commission's policy priorities for the 2014-2015 guidelines amendment cycle. It will be interesting to watch the Commission's response to the ABA CJS Task Force proposal.
November 17, 2014 in Fraud, Sentencing | Permalink | Comments (0) | TrackBack (0)
Friday, October 31, 2014
3rd Annual ABA CJS International White Collar Crime Institute
Earlier this month, I had the pleasure of once again attending the ABA Criminal Justice Section's annual International White Collar Crime Institute in London. This year's event included a host of excellent speakers from around the world addressing some of the most pressing issues in the field. I thought I would take just a few moments to share some of the insights and themes from the conference.
First, there was much discussion about deferred prosecution agreements in the UK. Though a very common means of resolving a criminal investigation in the US, DPAs only became possible in the UK earlier this year. Thus far, no DPAs have been announced in the UK. That might be about to change, however, as several speakers informed the audience that there are rumors in London that the first such DPA may be entered into towards the end of this year. We'll be keeping an eye out for this significant development.
Second, many speakers pointed out important differences that exist globally when discussing white collar crime and enforcement. For example, in the UK, the SFO prefers that corporations not interview employees during an internal investigation. Once the US DOJ becomes involved, however, the DOJ tends to insist on interviews, thus creating a conflict of approaches. As another examples, the trend of requiring monitors as part of settlements is beginning to lose favor in the US. By comparison, the UK is currently moving towards monitorships. As a final example, the role of whistleblowers remains drastically different around the globe. In the US, whistleblowers and whistleblower incentive programs like the FCA and Dodd-Frank are generally considered important tools for discovering misconduct. In France, by comparison, whistleblowing is discouraged. In fact, according to our speakers, in France it would be illegal for an employer to require employees to engage in any form of whistleblowing. These are just a handful of examples of the significant differences that exist around the world and that create complex issues for resolution in cross-border criminal investigations and prosecutions.
Finally, I'll briefly mention the panel I moderated. The panel examined collateral consequences of conviction around the world. Collateral consequences are an issue that is garnering much attention in the United States today. This is partly because of the ABA's collateral consequences website, which is an excellent tool for researching the collateral consequences that might be applicable in a particular case. The website also gives some incredible insights into the breadth and scope of these collateral consequences. In Illinois, for examples, there are 2,266 statues, rules, and regulations imposing various collateral consequences. These include things like losing the right to vote, the right to drive, and the right to hold public office. One might lose a public pension, a business license, or even parental rights. One might lose access to public housing and food stamps. The list is voluminous. One of the most unusual collateral consequences in Illinois makes it a felony for a felon to "knowingly own, possess, have custody, or reside in residence with… an unspayed or unneutered dog or puppy older than 12 weeks of age…." Our conversation in London revealed that the trend of expanding collateral consequences is not limited to the United States. In the UK, prosecutors are now more likely to put forward collateral consequences during a prosecution and the courts are becoming more likely to impose them on individual defendants.
While there are many other fascinating issues that were covered during the conference, including discussion of virtual currencies, anti-bribery initiatives, whistleblowing generally, financial regulations, anti-trust prosecutions, and cyber security, I'll stop here. But I hope this gives some insight into the complexities of international white collar crime in a global environment where significant differences abound.
October 31, 2014 in Conferences, Current Affairs, Deferred Prosecution Agreements, International, Investigations | Permalink | Comments (0) | TrackBack (0)
Wednesday, October 29, 2014
Death of a Gladiator: James LaRossa Dies
James (Jimmy) LaRossa, one of New York City's top criminal defense lawyers, died recently. LaRossa, according to the New York Times obituary, see here, was "'the last of the gladiators' -- his characterization of defense lawyers." He was an old-fashioned criminal trial lawyer who tried big case after big case, often with little time for preparation. For him, cooperators were snitches and cooperation akin to treason. He was an extremely talented lawyer -- with great courtroom presence and a lightning quick mind. He was probably the best cross-examiner I have ever seen in a courtroom.
Although not the "last" of the "gladiators," LaRossa was one of a dying breed -- the "warriors" who were combative, never brought their clients to the prosecutor's office to make a proffer, and fought the government at every turn. The criminal defense bar and the practice of criminal law have in many ways changed in the last decade. Defense lawyers today are, as a rule, less experienced and therefore less skilled at trial, less antagonistic toward the government, and more willing to make cooperation deals so that their clients -- and they themselves in a sense -- become part of the prosecution team. LaRossa's death marks not only the loss of a "gladiator" but hastens the end of an era.
October 29, 2014 in News | Permalink | Comments (0) | TrackBack (0)
Monday, October 27, 2014
Too Much Skin in the Game? A Review of Sidney Powell's Licensed To Lie
Imagine being so angry at prosecutorial shenanigans in one of your cases that you decide to write a book. A book that names names and settles scores. A book that details the Brady violations you believe occurred in your client's trial. A book that compares those purported violations to the undeniable Brady errors judicially noticed in the Ted Stevens prosecution. A book that identifies the DOJ officials connected to both your case and the Ted Stevens case and traces the rise, high within the ranks of DOJ and the White House, of the prosecutors you loathe. A book with a forward by none other than Ninth Circuit Chief Judge Alex Kozinski. Imagine this and you have imagined Sidney Powell's Licensed to Lie: Exposing Corruption in the Department of Justice.
This book is a terrific read, particularly for anyone making a living in the world of federal white collar investigations and trials. Both the federal white collar specialist and the intelligent lay reader should find it engrossing. I particularly enjoyed the "you are there" descriptions of defense strategy sessions and courtroom hearings.
Powell played a minor role on the Arthur Andersen appellate team and the lead role in the post-trial defense of Enron Barge defendant, and former Merrill Lynch executive, Jim Brown. She covers most or all of the Enron Task Force sins that have long been the subject of controversy in the white collar defense bar, including the practices of: providing mere summaries, rather than full interview reports, of exculpatory materials to the defense; withholding certain exculpatory information altogether; withholding agent notes of witness interviews; creating composite 302s that fail to reveal changing witness statements over time; designating potential defense witnesses as targets, in effect threatening them with prosecution if they testify; convincing compliant trial judges to approve clearly faulty jury instructions.
Powell reminds us as well that every Enron-related conviction that went up on appeal resulted in a partial or complete reversal. And although she had no involvement in the Ted Stevens case, Powell does an excellent job of summarizing, based on two publicly released investigations, the multiple material Brady/Giglio violations that occurred in that prosecution.
And yet this book, as informative and fun to read as it is, has some problems.
For openers, Powell sees the world in black and white terms. You are with her or against her on this ride, and God help you if get on Sidney's bad side. You tend to get painted in black and white terms. Ergo:
Enron Task Force Chief Andrew Weissman is "a narrow faced man with a beak of a nose."
DOJ Criminal Division Chief Michael Chertoff is "sharp-featured."
DOJ's Rita Glavin has "long black hair, sharp features, an easy smirk, and an affinity for androgynous attire."
Original Enron Task Froce Chief Leslie Caldwell is "a short no-nonsense looking woman with closely cropped hair."
FBI Special Agent Raju Bhatia is "smarmy."
Enron Barge Case prosecutor Kathryn Ruemmler, who later served President Obama as White House Counsel, has "a well known passion for expensive Chrisitan Louboutin red-soled stiletto heels." Those heels show up in more than one description of Ruemmler.
Matthew Friedrich, later Acting Assistant AG in charge of the Criminal Division, has "a boyish face that easily appeared smug."
You get the picture. But if you are lucky enough to be on Sidney's side. Well:
Ike Sorkin is "a handsome man with thick gray hair."
Richard Schaeffer is "a tall handsome impeccably dressed New York lawyer."
And so on.
Fifth Circuit Judges who might rule against Powell are suspected of being politically biased or intellectually corrupt. Thus, in describing the panel she drew for her Fifth Circuit argument that Jim Brown deserved a new trial (based on multiple Brady violations), Powell wonders "if [Judge] Graves...might have some connection with Ruemmler. She, logically, would have been the person to advise the president on Graves' nomination and assist Graves in the confirmation process." Powell also wonders "if Friedrich had been part of the confirmation process with [Judge] Southwick. Friedrich's meteoric rise within the department placed him as chief of staff to Attorney General Gonzalez when Southwick was nominated and confirmed." After the panel ruled unanimously against her, in an opinion authored by Judge Jerry Smith, Powell "struggled to grasp how a court that I had respected so much for so long could issue an opinion as result-driven, tortured, and just plain bad as this one was."
Second, Powell posits a past DOJ Golden Age, when prosecutors were fair and committed to doing justice, and contrasts it unfavorably with our present era of so-called corruption. Here's a news flash for Ms. Powell. There was never a Golden Age of prosecutorial fairness in the DOJ. There have always been good prosecutors and bad prosecutors, and Assistant U.S. Attorneys have long played a prosecutorial game quite legally and openly rigged in favor of the house.
Last, but by no means least, Powell refuses to deal seriously, or to deal very much at all, with Judge Jerry Smith's Fifth Circuit panel opinion denying Jim Brown a new trial. Powell passionately argues throughout the book that the government hid Brady material from Brown's trial defense team in a grave miscarriage of justice. Virtually every argument she makes, in front of every federal tribunal, is meticulously rendered in 400 plus pages. But her discussion of Judge Smith's opinion is curiously brief, covering two pages, and fails to address Smith's main points.
The Enron Barge case concerned an allegedly sham transaction between Enron and Merrill Lynch to purchase Enron barges. The government maintained that the deal was a sham, and not a real purchase, because Enron orally promised/guaranteed to take Merrill out of the transaction, by buying back the barges, or finding a third party buyer, within six months. Although Jim Brown and the other Enron Barge defendants saw their fraud convictions overturned by the Fifth Circuit, Brown had also been convicted of perjury and obstruction of justice for grand jury testimony regarding his understanding of the transaction.
Prosecutors refused to disclose the FBI's raw notes of Andrew Fastow's interviews to Brown's trial team, instead providing summaries. The raw notes, unlike the summaries, quoted Fastow as saying that he "never used the word promise" in conversations about a buy-back with Merrill executives. Judge Smith pointed out, however, that "any potential exculpatory value of the passages from the Fastow notes that were not disclosed to the defense is eliminated when we read them in context rather than looking just to the portions of the sentences that Brown cherry-picks."
Smith pointed to other portions of the raw notes and explained that:
The notes say, to give only a few examples, (1) "It was [Enron's] obligation to use 'best efforts' to find 3rd party takeout + went on to say there would be 3rd party b/c AF is manager of third party," (emphasis added); (2) "LJM was 3rd party + was already found;" (3) "[Fastow] told [Merrill Lynch] that [Enron] would get [Merrill Lynch] out, would get [illegible] or LJM to buy out;" and (4) "Come June 2000, if [Enron] did not have a buyer then LJM would step in to buy out."
In other words, Fastow controlled a captive third party, LJM, and could effectively guarantee that if a buyer could not be found, LJM would take Merrilll out of the transaction in six months. Judge Smith noted that:
[T]he sentences that Brown cites from the Fastow notes do not say that the agreement as a whole was a "best efforts" agreement, pace Brown's testimony; they say only that Enron would use its "best efforts" to find a buyer but that Fastow guaranteed that LJM2, which he controlled, would be that buyer if no one else was found. Indeed, Fastow admitted that, "[i]f call was transcribed—it should have blown the accounting."
Now I'm perfectly willing to believe, and in fact I assume, that the Enron Barge defendants, including Jim Brown, got a really raw deal and should never have been indicted. And I'm also willing to hear a good argument that Judge Smith got his Brady analysis backasswards. But in a book devoted to exposing Brady error, written by one of the country's foremost appellate lawyers, I expect more than two pages of cursory, conclusory attacks on a key federal appellate decision. Powell fails to fairly present, much less refute, Judge Smith's specific points (incorrectly referring to his careful 19 page opinion as a "meager" nine pages). I call this a material omission.
October 27, 2014 in Books, Enron, Investigations, Judicial Opinions | Permalink | Comments (2) | TrackBack (0)
Monday, October 6, 2014
Rob Cary's Book on Senator Ted Stevens
Rob Cary's book, "Not Guilty: The Unlawful Prosecution of U.S. Senator Ted Stevens" is a wonderful read and reminder of what needs to be corrected in our criminal justice system. Discovery in a criminal case is incredibly important, and this book emphasizes its importance in the criminal justice system and to society. In white collar document driven cases, the amount of paperwork can be overwhelming. It becomes important to not merely provide discovery to defense counsel, but also that it be given in an organized manner. Dumping documents on defense counsel is not enough. And failing to provide crucial documents, witnesses, and evidence is even more problematic. More needs to be done to correct discovery injustices in society and hopefully this book can serve as the momentum and real-life story to make it happen.
Hats off to lawyer Rob Cary (Williams & Connolly) who took the bold step to tell this important story and to tell it in a very "real" way.
October 6, 2014 in Books, Books [1], Defense Counsel, Legal Ethics, Prosecutions, Prosecutors | Permalink | Comments (0) | TrackBack (0)
Friday, October 3, 2014
New Sentencing Guidelines in England and Wales for Fraud, Bribery and Money Laundering Offences
In May, the Sentencing Council for England and Wales issued their "Fraud, Bribery and Money Laundering Offences - Definitive Guidelines." The Guidelines apply to "all individual offenders aged 18 and older and to organisations who are sentenced on or after 1 October 2014, regardless of the date of the offence."
Bret Campbell, Adam Lurie, Joseph Monreno, and Karen Woody of Cadwalader, Wickersham & Taft have a nice piece examining the new Guidelines in the Westlaw Journal of White-Collar Crime entitled UK Issues Sentencing Guideline for Individuals Convicted of White-Collar Offenses (28 No. 11, Westlaw Journal White-Collar Crime 1 (July 25, 2014)).
In reviewing the new Guidelines, it is fascinating to see the difference in approach when compared to the U.S. Sentencing Guidelines. To take just one example, the fraud guidelines for England and Wales focus on "culpability" and "harm." For culpability, the guidelines consider a number of factors indicating whether the person had "High Culpability," "Medium Culpability," or "Low Culpability." The factors include entries such as the role in group activities, the sophistication of the offense, and the motivation behind the actions. In examining harm, there are just five categories of loss, the highest of which is £500,000 or more. Finally, when determining the sentence, there are a limited number of categories and the highest range is 5-8 years in custody.
For anyone who works with the U.S. guidelines, the guidelines for England and Wales are a fascinating read for comparison, and I highly recommend you give them a look.
October 3, 2014 in Fraud, International, Sentencing | Permalink | Comments (0) | TrackBack (0)
Wednesday, October 1, 2014
Majority Opinion in Thomas Dale DeLay v. State of Texas
And here it is. DeLay v. State of Texas. To clarify my ealier comments, the majority held that DeLay did not commit or conspire to commit money laundering. He did not launder or conspire to launder criminally derived proceeds, because the facts proved by the State failed to prove a violation of the Texas Election Code. In other words, the State proved no underlying crime.
October 1, 2014 in Judicial Opinions, Prosecutions, Prosecutors | Permalink | Comments (0) | TrackBack (0)
Tom DeLay: Free At Last
This just in. The Texas Court of Criminal Appeals has affirmed 8-1 the lower appellate court ruling vacating Tom DeLay's money laundering conviction. Why was the conviction vacated? DeLay's actions, even if proven, did not constitute the crime of money laundering under Texas law at the time he committed them. Here is the brief KPRC-TV story. Hat Tip to Roger Aronoff for the alert.
October 1, 2014 in Current Affairs, News, Prosecutions, Prosecutors | Permalink | Comments (0) | TrackBack (0)
Sunday, September 28, 2014
Former Execs From Wellcare Move to 11th Circuit
Former Wellcare executives, who were convicted, have filed their briefs in the 11th Circuit and a strong amici brief is accompanying them. One of the key issues comes from an 11th Circuit case United States v. Whiteside, where the court held that a false statement charge can't be premised on a statement that is true under an objectively reasonable interpretation of the law. The importance of the falsity of the statement is a key component of a prosecution as without this limitation prosecutorial discretion can be stretched to inordinate lengths.
An equally important issue argued pertains to willful blindness. The Supreme Court's opinion in Global Tech emphasizes the importance of an affirmative act needed for demonstrating willful blindness and how recklessness and negligence will not suffice.
These issues raise important questions for the 11th Circuit to examine. It is therefore no surprise to see some top criminal law professors signing onto the amici brief.
Behrens Brief - Download Behrens_Brief_-_Filed_Copy
Farha's Brief - Download Farha_Brief_2014 09 19-1
Clay's Brief - Download Clay_Brief_-_Filed_Copy
Amici Brief - Download NACDL___US_v_Clay_-_Brief_for_Amici_Curiae_9-26-14-1
September 28, 2014 in Judicial Opinions | Permalink | Comments (0) | TrackBack (0)
Friday, September 26, 2014
Departure of Eric Holder - From a White Collar Crime Perspective
Yesterday's announcement that Attorney General Eric Holder will be stepping down from his position makes one think back about all that he accomplished while in office.
Many have been critical of his handling of white collar cases, but few have focused on the enormous number and amount of fines given to entities during his term. There has been a growing list of deferred and non-prosecution agreements entered into between entities and the DOJ (see here). Internal investigations are becoming routine by companies and hopefully corporations are realizing the cost-benefit of monitoring employees to adhere to the law.
Although discovery issues have not been resolved, there is certainly more focus by this Office on the importance of making sure that favorable evidence is given to defense counsel. With more time, emphasis and some new legislation this issue could move even further ahead.
Most recently we see that DOJ is taking the ethical position in rethinking its position on waivers with guilty pleas. (see here) Some districts, unfortunately, were asking for plea waivers on ineffective assistance and prosecutorial misconduct claims. This practice, used by only some offices, suffered from ethics problems causing some states, like Florida, to have to issue an ethics opinion prohibiting this practice. It is nice to see DOJ stepping to the plate to stop this conduct.
And recently we have also seen that AG Holder has been at the forefront of enforcing the Sixth Amendment Right to Counsel. A good number of state attorney generals stood up to take this position in Gideon v. Wainwright, filing an amicus brief in support of the right to counsel for indigent defendants. AG Holder's stance on this has been admirable.
Clearly our criminal justice system needs a good bit more work, but it is promising to see what one Attorney General has accomplished. Let's hope his successor continues advocating as a "minister of justice."
September 26, 2014 in Deferred Prosecution Agreements, Prosecutors | Permalink | Comments (0) | TrackBack (0)
Thursday, September 18, 2014
Appellate Court Reverses Conviction Based on Last-Minute Prosecutorial Provision of Brady Material "Buried" in Mass of Discovery
Two of the many issues relating to prosecutorial disclosure of Brady material are the timing of the disclosure and the identification of the material as exculpatory. Many, perhaps most, prosecutors believe that they have satisfied their ethical and constitutional obligations under Brady by providing the exculpatory material just before trial (or before the witness affected testifies) without any specification that it is Brady material. Courts rarely -- almost never -- reverse a conviction because the Brady material was provided late or without any signal that it is exculpatory material.
In this connection, yesterday an intermediate New York appellate court in Brooklyn upon an appeal of a denial of a post-conviction motion unanimously reversed a kidnapping conviction because of the untimely disclosure of Brady material in a "document dump" on the eve of trial. The prosecutors there had during jury selection delivered the documents "interspersed throughout a voluminous amount of other documentation, without specifically identifying the documents at issue at the time of delivery," thereby, said the court, "burying" them. By doing so, the prosecution "deprived the defendants of a meaningful opportunity to employ that evidence during cross-examination of the prosecution's witness." People v. Wagstaffe, A.D.3d -- (2d Dept., Sept. 17, 2014). See here.
The prosecution's case was based exclusively on the testimony of a witness under the influence of drugs and alcohol at the time of the event who testified that she saw the defendants force the 16-year old victim into a car. The documents, police requests for records for both defendants, would have revealed that the defendants were being investigated one day prior to the initial police interview with the witness, contrary to the testimony of one of the investigating officers that the interview led them to the defendants. Thus, the documents, said the court, would "bear . . . negatively upon the credibility of [the witness] and the investigating detectives," issues of "primary importance in this case."
Too often appellate courts, often while giving lip service to the notion that Brady material should be provided to the defendant in time for him or her to use in a meaningful fashion, accept the view that a few minutes before cross-examination is sufficient, or that the defense lawyer's failure to request an adjournment is fatal to the defense appeal. Too often courts distinguish between Giglio impeachment of witness material and other Brady material and accept that it is acceptable that the former be given as late as just before cross-examination. Too often courts expect defense counsel to find the Brady "needle in a haystack" in a pile of discovery or 3500 material provided shortly before trial.
It is refreshing for an appellate court to accept the practicality that a harried on-trial defense lawyer cannot be expected to appreciate immediately the significance of a single item or a few items of paper provided at the last-minute and/or together with a mass of other less significant documents. It is refreshing for a court not to accept the prosecutorial tactic or custom to provide a "document dump" to conceal a page or a few pages of significant exculpatory material.
Hopefully, this decision will be affirmed on appeal (if taken or allowed) to New York's highest court, the Court of Appeals, and will be a bellwether for other courts, and not ignored or consigned to history as an aberrant decision of an intermediate appellate court.
September 18, 2014 in Defense Counsel, Judicial Opinions, Prosecutors | Permalink | Comments (0) | TrackBack (0)
Monday, September 15, 2014
Upcoming ABA CJS International White Collar Crime Institute
I wanted to alert readers to the upcoming 3rd Annual American Bar Association Criminal Justice Section White Collar Crime Institute. This one and a half day event will occur in London, UK at the offices of Berwin Leighton Paisner (Adelaide House, London Bridge) from October 13-14, 2014. This has been a wonderful event in past years and this year's program looks outstanding. The conference will bring together panelists and participants from around the globe to talk about issues including corporate espionage and cybercrimes, international money laundering and sanctions, cross-border evidentiary concerns, whistleblowers, deferred prosecution agreements, and international internal investigations. Further, special focus will be paid to fraud and bribery cases from the perspective of top prosecutors from various countries.
On Monday, October 13, we will also welcome Michael J. Garcia as our keynote luncheon speaker. Mr. Garcia is a partner at Kirkland & Ellis LLP in New York City. He serves as the Independent Chair of the Investigatory Chamber of the FIFA Ethics Committee. Prior to joining Kirkland & Ellis LLP, he served as the Senate-confirmed United States Attorney for the Southern District of New York (SDNY). Mr. Garcia spent two years as Assistant Secretary for Immigration and Customs Enforcement at the Department of Homeland Security. From 2001 to 2002, Mr. Garcia served as Assistant Secretary of Commerce for Export Enforcement. From 1992 to 2001, Mr. Garcia was a federal prosecutor with the SDNY. He personally prosecuted a number of high-profile terrorism cases, including the 1993 bombing of the World Trade Center and the 1998 bombing of U.S. embassies in East Africa.
I will be leading a discussion panel on Monday addressing the issue of collateral consequences. This is a significant issue for all defendants, including individuals and corporations charged with white collar offenses. The panel will examine the growth of collateral consequences in the United States, in the United Kingdom, and around the globe. We will also discuss current trends in this area and examine the most important collateral consequences for consideration during white collar criminal investigations and prosecutions. It should be a great conversations, and I look forward to being joined on the panel by Amanda PINTO QC (Barrister at 33 Chancery Lane, London); William N. SHEPHERD (Partner at Holland & Knight, West Palm Beach, FL), Joe D. WHITLEY (Chair, White Collar Crime and Government Investigations Group, Baker Donelson, Atlanta, GA), and Roger A. BURLINGAME (Kobre & Kim LLP, London, UK).
I hope to see some of you there.
September 15, 2014 | Permalink | Comments (0) | TrackBack (0)
Monday, September 8, 2014
Criminalizing the American Company – The Economist
The Economist has an excellent article examining the criminalizing of American companies. The piece, entitled "A Mammoth Guilt Trip," covers a lot of ground, including many of the most pressing issues in the field of corporate criminal liability today. The article begins by examining some of the incredible financial settlements we've seen this year. As the piece notes, while the $5.5 billion the DOJ collected in direct payments in 2013 was impressive, it will certainly be "dwarfed by this year's tally." Also examined in the article are issues such as the questionable and opaque ways the government spends settlement funds, the growth in regulatory crimes, the often prohibitive costs of corporate compliance, the inability of many companies to risk proceeding to trial, and, of course, the lack of individual prosecutions following the 2008 financial collapse. Finally, the article contains some great data from Professor Brandon Garrett at the University of Virginia Law School. Professor Garrett maintains a list of government actions against corporations since 2000. In total, the list contains information regarding 2,163 corporate convictions and guilty pleas, along with 313 deferred and non-prosecution agreements. It all makes for a fascinating read.
September 8, 2014 in Deferred Prosecution Agreements, Prosecutions, Settlement | Permalink | Comments (0) | TrackBack (0)
Wednesday, September 3, 2014
Wine Fraudster Gets Ten-Year Sentence
Last month Prof. Douglas Berman reported in his indispensable Sentencing Law and Policy blog about a ten-year prison sentence imposed by SDNY judge Richard Berman upon defendant Rudy Kurniawan, who had sold counterfeit wine to the very rich, including billionaire William Koch (one of the less political Koch brothers), and allegedly profited by over $28 million (see here by scrolling down to August 10, "Can wine fraudster reasonably whine that his sentence was not reduced given wealth of victims?" See also here). Some of the ersatz wine sold for as much as $30,000 per bottle.
Having a somewhat perverse sense of humor, I found it somewhat amusing that the 1% paid astronomical sums for and presumably sometimes drank the same wine that the other 99% of us drink. However, neither the judge nor the prosecutor (nor certainly the defendant and his lawyer) viewed the sentencing proceeding as a laughing matter.
To be sure, a $28 million fraud is a serious matter deserving serious punishment. Additionally, the judge seemed to view the crime in part as a public safety violation, declaring "The public at large needs to know our food and drinks are safe, -- and not some potentially unsafe homemade witch's brew," even though this was hardly a contaminated baby food case.
At the sentencing hearing, Kurniawan's attorney argued, reasonably I believe, that his client should be treated somewhat less severely since the victims were exceedingly wealthy. That argument provoked the prosecutor to the Captain Renault-like response that it was "quite shocking" for a lawyer to argue for a different standard for theft from the rich than from the poor.
That retort reminded me of Anatole France's immortal line (although not directly on point), "The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, beg in the streets or steal bread." In my view, a sentencing judge should certainly consider in sentencing the extent of damage to the victim(s). A fraudster who steals a million dollars from a billionaire, notwithstanding the Sentencing Guidelines' overemphasis on absolute figures, should (all things being equal) not deserve as harsh a sentence as one who steals the same amount if it were the entire life savings of a senior citizen.
Prosecutors, when fraud victims are pensioners and widows, argue, I believe reasonably, that the judge should consider the degree of suffering of the victims. Indeed, every seasoned white-collar trial lawyer knows that in a multi-victim fraud case the government is likely to call as "representative" witnesses those most sympathetic victims for whom the monetary loss was most damaging.
I assume that the prosecutor will get over his "shock" when he prosecutes a fraud case where a less than affluent victim's life savings are stolen. I further assume he will not argue that the judge should impose the same sentence she would if the victim were a billionaire for whom the loss figure might be pocket change.
September 3, 2014 in Defense Counsel, Food and Drink, Fraud, News, Prosecutors, Sentencing | Permalink | Comments (0) | TrackBack (0)
Sunday, August 31, 2014
Privilege, Corporate Wrongdoing, and the Wal-Mart FCPA Investigation
The New York Times had an interesting article this week by Steven Davidoff Solomon entitled "Keeping Corporate Lawyers Silent Can Shelter Wrongdoing." The piece centers on the recent decision out of the Delaware Supreme Court in the case of Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW,Del. Supr., No. 614, 2013 (July 23, 2014), and notes that the attorney-client privilege can be used to "shelter potential wrongdoing, perhaps to the detriment of many people, including shareholders." As discussed at length in the article, the IBEW case permits stockholders to unilaterally breach the attorney-client privilege when there is suspected wrongdoing at a corporation.
The IBEW case is one many have followed in recent years. The controversy began after the New York Times broke the story of potential Foreign Corrupt Practices Act violations by Mar-Mart in April 2012. In response to that initial article, the IBEW, a Wal-Mart stockholder, sent a letter to the company demanding inspection of a number of documents related to the potential FCPA matter, including documents regarding the corporation's initial internal review of the situation. Wal-Mart declined to provide certain of the documents and, with regard to some of those materials, claimed they were protected by the attorney-client privilege. The issue of whether Wal-Mart could properly withhold these materials from shareholders was litigated at length and finally made its way to the Delaware Supreme Court. In the ruling from last month, the Delaware Supreme Court sided with the IBEW and ordered Wal-Mart to produce the materials. Referring to the Fifth Circuit Court of Appeals case of Garner v. Wolfinbarger (1970), which recognized a fiduciary exception to the attorney-client privilege, the court in IBEW said:
With regard to the other Garner good cause factors, the record reflects that disclosure of the material would not risk the revelation of trade secrets (at least it has not been argued by Wal-Mart); the allegations at issue implicate criminal conduct under the FCPA; and IBEW is a legitimate stockholder as a pension fund. Accordingly, the record supports the Court of Chancery's conclusion that the documentary information sought in the Demand should be produced by Wal-Mart pursuant to the Garner fiduciary exception to the attorney-client privilege.
It is important to note, of course, that the shareholders are meant to keep the information they receive confidential and use it only to decide whether to file a claim against Wal-Mart directors related to the FCPA matter.
In reading the most recent New York Times article, I kept coming back to Upjohn v. United States and the ever present debate regarding the proper role of privilege in the world of internal investigations and potential corporate wrongdoing. In particular, I was drawn to the important language in Upjohn regarding the reasons for applying the privilege: "The privilege recognizes that sound legal advice or advocacy serves public ends and that such advice or advocacy depends upon the lawyers being fully informed by the client." As the New York Times states in its piece from this week, "the attorney-client privilege for companies is increasingly under attack." I wonder now what impact the IBEW decision and related issues regarding lawyer whistleblowers, such as in the ongoing Vanguard case, will have on the future of internal investigation strategy and, in particular, the role of internal counsel in such situations.
August 31, 2014 in Civil Litigation, FCPA, Investigations, Judicial Opinions, Privileges | Permalink | Comments (0) | TrackBack (0)
Wednesday, August 27, 2014
Article About Former Penn State President Raises Issues Concerning Independent Investigative Reports and Role of Corporate Counsel
The New York Times Magazine several weeks ago published a lengthy, largely sympathetic article about Graham Spanier, the former Penn State president (Sokolove, "The Shadow of the Valley"), see here, who is awaiting trial on charges of perjury and other crimes in connection with the Pennsylvania grand jury investigation of his alleged complicity or nonfeasance concerning the actions of now-convicted (and affirmed on appeal) former assistant football coach Jerry Sandusky.
The article rather gently criticized the Freeh report, commissioned by the university, as I too did (see here), and asserts that it "probably led to [Spanier's] indictment." Commissioning an independent investigative report -- generally either by a former prosecutor or judge, or a large law firm -- is the de rigueur response of institutions or corporations accused of wrongdoing. An independent investigative report, especially by a respected authority, has the weight of apparent impartiality and fairness and thus the appearance of accuracy. However, the investigative report -- frequently done with no input from the accused or presumed wrongdoers (since, fearful of prosecution, they choose not to be interviewed) -- is often based on an incomplete investigation. Further, since the investigator is expected to reach conclusions and not leave unanswered questions, but unlike a prosecutor may not be required to have those conclusions tested by an adversary in an open forum, such investigations, like the Freeh investigation, are often based on probability, and sometimes even speculation, more than hard evidence. Lastly, the "independent" report, like the report concerning Gov. Christopher Christie's alleged involvement in Bridgegate, may be less than independent.
* * *
The article also discusses an interesting pretrial motion in Spanier's case concerning a question that had puzzled me since the Penn State indictments were announced over two years ago -- what was Penn State's counsel doing in the grand jury? Sub judice for six months is a motion for dismissal of the indictment and other relief related to the role of the Penn State general counsel ("GC") who appeared in the grand jury with Spanier, and also earlier with two other officials who were indicted, Tim Curley, the former athletic director, and Gary Schultz, a vice president.
According to the submitted motions (see here , here and here ), largely supported by transcripts and affidavits, the GC appeared before the grand jury with Spanier (and also separately with Curley and Schultz) and Spanier referred to her as his counsel (as also did Curley and Schultz). According to what has been stated, neither she, who had previously told the supervising judge -- in the presence of the prosecutor but not Spanier -- that she represented only Penn State, nor the prosecutor corrected Spanier. Nor did the judge who advised Spanier of his right to confer with counsel advise Spanier that the GC was actually not representing him or had a potential conflict.
Later, after Spanier's grand jury testimony, according to the defense motion, the GC -- represented by Penn State outside counsel -- was called to testify before the grand jury. Curley and Schultz -- both of whom had by then been charged -- objected in writing to the GC's revealing what they asserted were her privileged attorney-client communications with them. Spanier apparently was not notified of the GC's grand jury appearance and therefore submitted no objection.
Prior to the GC's testimony, Penn State's outside counsel asked the court essentially to rule on those objections and determine whether the GC was deemed to have had an attorney-client relationship with the individuals, as they claimed, before Penn State decided whether to waive its privilege (if any) as to the confidentiality of the conversations. Upon the prosecutor's representation "that he would put the matter of her representation on hold" and not "address . . . conversations she had with Schultz and Curley about [their] testimony," the judge chose not to rule at that time on the issue of representation, which he noted "perhaps" also concerned Spanier, and allowed her to testify, as limited by the prosecutor's carve-out.
Nonetheless, despite the specific carve-out to conversations with Schultz and Curley analogous to those she had with Spanier and the judge's mention that the issue might also apply to Spanier, the prosecutor questioned the GC about her conversations with Spanier in preparation for his testimony. Her testimony was reportedly harmful to Spanier (see here). At no time did the GC raise the issue of whether her communications with Spanier were privileged.
Whether the motion will lead to dismissal, suppression of Spanier's testimony or preclusion or limitation of the GC's testimony, or none of the above, will be determined, presumably soon, by the judge. Whatever the court's ruling(s), I have little hesitation in saying that is not how things should be done by corporate or institutional counsel. At the least, even if the GC were, as she no doubt believed, representing the university and not the individuals, in my opinion, the GC (and also the prosecutor and the judge) had an obligation to make clear to Spanier (and Schultz and Curley) that the GC was not their counsel. Additionally, the GC had, in my view, an obligation to make clear to Spanier that the confidentiality of his communications with her could be waived by the university if it (and not he) later chose to do so. Further, the GC, once she was called to testify before the grand jury, had in my opinion an obligation to notify Spanier that she might be questioned as to her conversations with him in order to give him the opportunity to argue that they were privileged. And, lastly, the GC had, I believe, an obligation to ask for a judicial ruling when the prosecutor went beyond at least the spirit of the limit set by the judge and sought from her testimony about her communications with Spanier.
August 27, 2014 in Current Affairs, Defense Counsel, Grand Jury, Investigations, Legal Ethics, News, Perjury, Privileges, Prosecutors, Sports | Permalink | Comments (0) | TrackBack (0)
Wednesday, August 20, 2014
Memo to Rick Perry: Curb Your Inner Bully
My favorite statement so far on the Rick Perry indictment comes from Senator Ted Cruz: "Unfortunately there has been a sad history of the Travis County District Atttorney's Office engaging in politically-motivated prosecutions, and this latest indictment of the governor is extremely questionable." The second part of the statement is yet to be proved. The first part is true but misleading. As Cruz certainly knows, Special Prosecutor Michael McCrum (a good friend of mine) has no affiliation whatsoever with the Travis County District Attoney's Office or its pathetic Public Integrity Unit.
The Wall Street Journal runs a close second, with its Texas Chainsaw Prosecution editorial falsely claiming that McCrum is "a Travis County prosecutor," and bemoaning "the tactic of using a special prosecutor to disguise political motives." As the Journal undoubtedly knows, McCrum is a Special Prosecutor appointed by a Republican judge after Travis County DA Rosemary Lehmberg recused herself and her office from the investigation. Perhaps the WSJ can enlighten us as to how Ms. Lehmberg manuevered McCrum's appointment and controls him to this day. I'll look for the editorial staffers to run that story right after they find Saddam Hussein's Weapons of Mass Destruction.
The real danger comes from the Journal's suggestion that Perry file a federal civil rights action against McCrum in McCrum's personal capacity. This invites the kind of personal and institutional attack on a public servant (which is excactly what McCrum is) that the Journal rightly bemoaned during Ken Starr's tenure as Independent Counsel. There is an explanation for the Journal's turnaround on this issue. Blatant partisan hypocrisy.
The Journal's bully-boy editorial plays right into the vigilante component in Perry's persona. Let's not forget the Governor's infamous threat to former Fed Chairman Ben Bernanke during the 2012 primary campaign: "If this guy prints more money between now and the election, I dunno what y'all would do to him in Iowa, but we would treat him pretty ugly down in Texas." And in his first public statement after the indictment, Perry, true to form, threatened that "those responsible" for his prosecution "will be held accountable." That's a threat, pure and simple, against the public servant McCrum, the Republican judge who appointed him, and, last but not least, the citizens who served as grand jurors. I am reminded of another infamous comment, from James Carville in 1996, that Judge Starr was "one mistake away from not having any kneecaps."
So here is my unsolicited advice to Governor Rick Perry. Attack the indictment all you want. Attack the theory behind it. Attack the wisdom, judgment and prudence of the prosecutor who brought it. Attack the overcriminalization of political acts. All of this is fair game and nobody, least of all a prosecutor, should be immune from public criticism. But try to remember that you are the "new" Rick Perry. Put on your glasses and your big boy pants and stop making threats, or I'll have to come back home. And hold you accountable.
August 20, 2014 | Permalink | Comments (0) | TrackBack (0)
Tuesday, August 12, 2014
Future Trends Regarding White Collar Crime and China
As I mentioned in my post last week, I moderated a roundtable discussion at this year's ABA annual meeting entitled Navigating the White Collar Crime Landscape in China. While the discussion included many unique and interesting insights into current trends and challenges in the field of white collar crime in China, I thought I might share just a few of the themes we heard from participants.
First, according to our participants, we should expect to see a continued focus on anti-corruption enforcement actions by both the United States and China. Second, it is important to note that China has begun focusing on the prosecution of high-level corporate employees, not just low-level employees and the corporation. Third, we should anticipate that China will continue to expand its anti-corruption mission, including directing more attention towards U.S. entities. In this regarding, it was also predicted that China may soon explore the adoption of an anti-corruption statute with extraterritorial jurisdiction to assist it in undertaking a broader anti-corruption mission similar to the U.S. This might mean we will soon see a Chinese version of the FCPA. Finally, several of our panelists noted that China is increasing its focus on data privacy and state secrets laws, including enforcing such laws against foreigners more vigorously.
Regarding this last theme from the discussion, I'll note that on the morning of our program two corporate investigators in China, one from the UK and the other from the U.S., were found guilty of purchasing private information regarding Chinese citizens. The pair, who are married, were well known in the internal investigation community in China and regularly performed work for large U.S. corporations, including GlaxoSmithKline. According to the charges, the pair violated Chinese law by illegally acquiring personal information on Chinese citizens and then selling that information to their clients. The first defendant, Peter Humphrey, was sentenced to two and a half years in prison. The second defendant, Yu Yingzeng, was sentenced to two years in prison. Those who perform due diligence and internal investigation work in China are keeping a close eye on this and related matters. You can read more about the prosecution in The Wall Street Journal.
August 12, 2014 in Conferences, Corruption, FCPA, International, Investigations, Prosecutions, Sentencing | Permalink | Comments (0) | TrackBack (0)
Sunday, August 10, 2014
The 'Too Big to Jail' Effect and the Impact on the Justice Department's Corporate Charging Policy
Court E. Golumbic & Albert D. Lichy, The 'Too Big to Jail' Effect and the Impact on the Justice Department's Corporate Charging Policy, ssrn abstract -
In the wake of the 2008 financial crisis, the failure of the Department of Justice ("Justice Department" or "DOJ") to bring criminal charges against any financial institutions prompted critics to question whether
the DOJ maintained a policy that certain corporations are "too big to jail." The criticism piqued after the DOJ announced that it had entered into a deferred prosecution agreement ("DPA") with HSBC to resolve a massive money laundering and government sanctions investigation.
This wave of criticism is the backdrop for what the Authors call the "too big to jail" effect — two related developments, each of which has the potential to impact the future of DPAs in the corporate crime context. The first is a willingness on the part of at least one federal district court to inject a level of judicial intervention into the process of structuring DPAs. In approving the HSBC, Judge John Gleeson issued a groundbreaking opinion articulating, for the first time, a standard for district court review of the terms of a DPA. The second is an emerging willingness on the part of the DOJ to pursue criminal charges over DPAs in high-profile cases involving financial institutions. In a strong departure from past practice, the DOJ recently secured guilty pleas from the foreign subsidiaries of UBS and RBS, SAC Capital Advisors and three related entities, and the parent of Credit Suisse.
This Article examines the impact of the "too big to jail" effect on the Justice Department's corporate charging practices. The Authors argue that DPAs should not be abandoned. Instead, Congress should amend the Speedy Trial Act to require substantive, judicial review of the terms of DPAs. To
this end, the Authors propose a standard of review that is designed to maximize the benefits of DPAs, while minimizing the concerns that have historically accompanied their use.
August 10, 2014 in Scholarship | Permalink | Comments (0) | TrackBack (0)


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Sunday, August 17, 2008
© Copyright 2015 Gwinnett Daily Post
HOSCHTON - Hoschton's half way to its goal of breaking a Guinness World Record for most scarecrows in one location.About 2,100 scarecrows have been completed or are in production, Mayor Bill Copenhaver said. The city needs about 1,900 straw men to meet its goal of 4,000. Some scarecrows have already been placed along the roadways, and organizers hope to have them all up by Sept. 1 throughout Hoschton's ZIP code. Robbie Bettis, a lifelong Hoschton resident, developed the idea to break the record held by the Cincinnati Horticultural Society, which had 3,311 scarecrows in one location. Bettis, who also helps organize the city's annual Fall Festival, said previously she hopes to announce the results at the event, which takes place Sept. 26 to 27. Copenhaver said the effort has been a fun community event. "I think everyone is having fun doing it and enjoying it," he said. Those interested in building a scarecrow should fill out a registration form, available online at www.hoschtonfallfestival.com. For more information about the contest, call City Hall at 706-654-3034.
More like this story
- Hoschton attempting to set record for most scarecrows ( May 25, 2008 )
- Hoschton denied scarecrow world record
City plans to appeal ruling ( January 7, 2009 )
- Hoschton's scarecrow count reaches 5,441 ( September 17, 2008 )
- Scarecrow awards to be delivered at fall festival ( September 21, 2008 )
- Hoschton's fall festival has Western feeling ( September 16, 2007 )

subset: commoncrawl


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Harvest Bar
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Reviews of Harvest Bar (Average Rating: 10 of 10) see review guidelines
Colin Walker left this review about Harvest Bar
Considering there are 3 off what I would call traditional pubs in this immediate area of which Harvest Bar is one and the other 2 being Campbeltown Bar & The Brig. They are all surviving and they are all reasonable busy whenever I visit.
On 20th July 2014
- rating: 10
[User has posted 424 recommendations about 419 pubs]
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hondo . left this review about Harvest Bar
Bar at the front with a lounge at the rear. Standard draught selection.
On 13th March 2012
- no rating submitted
[User has posted 1692 recommendations about 1662 pubs]
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Last inspected: May 11th 2011


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The case of Blythe v. Bell is like the gift that keeps on giving. It generated two significant opinions last year, and this week a third and a fourth. The July 2012 opinion was a major e-discovery decision, and the December...more
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In preparation for our our move to fastmail.com, we'll be doing some testing on beta.fastmail.fm. So if you use the beta server, expect some changes and potential issues over the next few days.
Currently that means if you go to beta.fastmail.fm, you'll immediately be redirected to https://beta.fastmail.com. This is expected. Note that you can't currently create @fastmail.com aliases or rename your account to @fastmail.com. This is expected. This will only be available from Thursday as described in the original blog post.


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- Oenophilia Vino Gizmo Bar Multi-Tool
Brand: Oenophilia
- Categories: Dining > Bar & Wine > Wine Accessories
With the Oenophilia Vino Gizmo Bar Multi-Tool, you can pop corks, open bottles, and more all with a singular handy device. Keep this on your key chain so you're ready to get the party started wherever you are.
- POLYWOOD® Coastal Bar Chair in Sand/White
Brand: POLYWOOD
- Categories: Outdoor > Patio Furniture > Patio Chairs & Benches
Colors: grey/white, sand/white
Enjoy outdoor entertaining on a high level while relaxing in the comfort of this Polywood Coastal Bar Arm Chair. Stunning in white sling fabric with a fade-resistant frame color, this tall chair gives a contemporary look to your deck or patio.
- Cook 'N Kitchen Coffee Bar with Light and Sound
- Categories: Baby & Kids > Kids Toys (4 Years & Up) > Pretend Play
The Cook 'N Kitchen Coffee Bar with Light and Sound is the ultimate pretend play food set. Perfect alone or with your gourmet play kitchen. Your child will love playing barista to friends and family with this feature packed toy.
- Able Life Auto Assist Grab Bar
- Categories: More > Health & Wellness > Home Health & Mobility
With the Auto Assist Grab Bar from Able Life, you can make getting in and out of the car easier for those with mobility issues. The handle makes it easier to stand while preventing falls. It even works as an ice scraper.
- Kid-O Bar Bell Rattle in Blues
Brand: Kid-O
- Categories: Baby & Kids > Infant Toys (Ages 0 - 3 Years) > Rattles & Teethers
Colors: blue/multi, pink/multi, red/multi
With just a gentle shake, the Kid-O Bar Bell Rattle's bright color rings slide and click together for a pleasing sound little ones love. Its easy-to-hold shape encourages repetitive back and forth swinging. Vibrant hues stimulate developing senses.
- De'Longhi Dedica EC680 15-Bar Pump Espresso & Cappuccino Machine
Brand: Delonghi
- Categories: Holiday & Gifts > Gift Shop > Gifts for Him
You can create an authentic Italian espresso or cappuccino with the DeLonghi 15-Bar Pump Espresso Machine. Choose a single or double shot of espresso, or steam up milk to create some rich, frothy foam for an awesome cappuccino.
- Deluxe Wood Towel Valet with 3 Towel Bars
- Categories: Outdoor > Beach & Pool > Beach Towels
This hardwood towel stand has 3 adjustable bars, each with two wind clips to secure your towels. The handy accessories tray on top can store important items, such a cell phones, sunglasses and lotions. Weighted base provides stability.
- Tervis® Harley-Davidson Bar and Shield Wrap 2.5 oz. Collectible Cup
Brand: Tervis
- Categories: Dining > Glasses & Drinkware > Insulated Drinkware
The iconic Harley-Davidson logo is featured on the Tervis Harley-Davidson Bar and Shield Wrap 2.5 oz. Collectible Cup. Makes a great gift for motorcycle enthusiasts. Perfect for your bar, den, man cave, game room, dorm and more.
- Gemstone Wine Charms (Set of 6)
- Categories: Dining > Bar & Wine > Bar Tools & Accessories
Add a little sparkle to each guest's wine glass with these Gemstone Wine Charms. The set includes 6 faceted and sparkling plastic gems in assorted colors with a wire ring that attaches to the base of the wine glass.
- Rabbit® Adjustable Jigger
Brand: Rabbit
- Categories: Dining > Bar & Wine > Bar Tools & Accessories
Create perfect cocktails and drinks with the Adjustable Jigger from Rabbit, a sterling addition for your kitchen or home bar. Adjust volume and capacity by pushing or sliding the jigger to go from 0.5 oz. to 2 oz.
- Pouro® Liquid Pourers (Set of 3)
- Categories: Dining > Bar & Wine > Bar Tools & Accessories
The handy Pouro No Fruit Fly Liquid Pourers (Set of 3) twist open to pour and twist close to store, helping to prevent attracting fruit flies. Fit all standard liquor and wine bottles. Made out of BPA-free plastic. Three per package.
- Kilner® 8-Piece Sloe Gin Gift Set
Brand: Kilner
- Categories: Dining > Bar & Wine > Drink Makers
Make delicious sloe gin or any other fruit liqueurs with the excellent Kilner 8-Piece Sloe Gin Gift Set. This includes everything from a plastic funnel to a stellar round glass Kilner jar.
- Swissmar Nuance Bottle Opener
Brand: Swissmar
- Categories: Dining > Bar & Wine > Bar Tools & Accessories
This stylish Nuance Bottle Opener from Swissmar makes it super easy to pop the top off of screw-top bottles. Snazzy and cool, it features a polished stainless steel top and a classy ABS plastic finish.
- Honey-Can-Do® Crystal Plastic Dress Hangers (7-Pack)
Brand: Honey-Can-Do
A versatile, plastic clothes hanger perfect for keeping shirts, dresses, and jackets wrinkle-free. Features a 360º swivel rod hook to hang items easily on any closet rod, towel bar, or standard size door.
- Mr. Bar-B-Q Oversized Barbecue Grill Brush
Brand: Mr. BBQ
- Categories: Outdoor > Grills & Outdoor Cooking > Grill Tools & Accessories
Keep your barbecue grill neat and clean with this durable grill cleaning brush. Features an ergonomic plastic handle to provide a sure grip for any size hand.
- Oxo Good Grips® 16-Ounce Shaker
Brand: OXO
- Categories: Dining > Bar & Wine > Bar Tools & Accessories
For those who want to play bartender at the party, this OXO Good Grips® plastic shaker is simply ideal. With its double-wall constuction, it is built for insulation and durability, while its soft, non-slip grip enhances comfort.
- Prodyne Stainless Steel Double Wall Cocktail Shaker in Green
Brand: Prodyne
- Categories: Dining > Bar & Wine > Bar Tools & Accessories
This stunning cocktail shaker combines classic traditional styling with modern good looks and features. The beautiful double wall design has a high quality brushed stainless steel interior with a color acrylic plastic exterior.
- Lékué Ice Box Ice Cube Tray & Bucket
Brand: Lekue
- Categories: Dining > Bar & Wine > Ice Buckets & Chillers
With the Ice Box Ice Cube Tray, the supply of ice cubes never runs out since it can make and hold up to 132 ice cubes. Made of ABS plastic and composed of a hollow base to preserve coldness and avoid the formation of condensation.
- Spectrum™ Euro 6-Piece Coasters Set with Holder
Brand: Spectrum
- Categories: Dining > Bar & Wine > Coasters
The simple, yet versatile design of the Spectrum Euro 6-Piece Coasters Set is perfect for any living space. Includes 6 durable plastic black coasters and a coordinating satin nickel holder.
- Quench™ Bar10der The Ultimate Cocktail Tool in Gray
Brand: Quench
- Categories: Dining > Bar & Wine > Bar Tools & Accessories
Colors: blue, green, red
Mix and serve the perfect drink with this sleek Bar10der Ultimate Cocktail Tool. Tool features all the essentials, including bottle opener, channel knife, corkscrew, jigger, knife, muddler, reamer, stirrer, strainer and zester.


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Now that you've learned more about neglected tropical diseases (NTDs) and want to get more involved, what can you do? Here are some simple ideas to help spread awareness and raise funds so that we can see the end of seven diseases by 2020.
Step 1: Organize
Reach out to people at your school, community service organization, sports team, religious group, workplace, book club, Greek organization or any other group and ask them if they'd be interested in sponsoring a seminar or fundraiser to increase awareness and contribute to our cause.
Or, start your own group of people interested in spreading the word about neglected tropical diseases. Invite them to join you via email, Facebook, Twitter or even with a simple phone call.
Once you've got a core group of folks together…
Step 2: Act
There are an unlimited number of ways to spread the word and raise funds to help with our goal of ending seven diseases by 2020.
We've put together a few examples, but feel free to be creative and come up with your own ideas of how to spread the word and fundraise! Here's some images for you to use as you spread the world about END7.
Spread the Word
- Host a lecture, lunchtime talk or panel discussion on NTDs
- Show our videos as a preview for a movie screening
- Host a dinner or coffee hour to discuss NTDs and global health
- Use chalk messages, posters, stickers, or banners to get people talking about NTDs
- Use social media to share information about NTDs
- Bowling night
- Volleyball tournament
- 5K run
- Bike ride
- Concert or jam fest
- Bake sale
- Poker or casino night
- Dance marathon
- Book drive
- Talent show
- Yoga class
- Spare change drive
- Open mic night
- Poetry slam
- Wine or food tasting
- Other athletic events
For many of these events you can charge a nominal entry fee, ask for sponsors, or just provide people with the opportunity to give money by setting up donation jars or laptops where people can donate online. You can also send the link around via email with a note encouraging your peers to get involved.
If you hosted a fundraiser, you can send your donation to us the following ways:
- Use our online donation page.
- Send us a check.
Please note that it is important that you and your colleagues note your group name on the check or on the online donation page (the "In Honor of" field) so that we can help track your collective contributions.
Step 3: Promote
You've organized a core group of supporters and you've determined a method of raising awareness and funds. Get the word about your event in advance and keep telling your community afterwards to make sure your hard work has the greatest impact possible.
Promoting your work to end seven diseases is easy. Here are a few tips:
Spread the Word via Social Media
Twitter, Facebook, YouTube and other social networks offer an easy way to reach people you know and others who might be interested in helping to end seven diseases. Create your own Facebook page or Twitter or YouTube account and get ideas for how to use it by visiting our social media content bank! Encourage your supporters to visit your pages and start conversations about ending seven NTDs by 2020.
Contact Your Local Media
Reach out to the editors and producers of your local or school newspaper, radio and TV shows and give them the details of your event. Ask them if you can write an opinion or letter about why people should join you in helping to end seven diseases.
Tell Us!
Report back to us on the progress of your work. Share information or photos with us and we'll be sure to share it with the rest of our community of supporters. You can get in touch with us directly via Facebook, Twitter, or by emailing us at firstname.lastname@example.com!


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DMV to Internet-less New Yorkers: Get in Line
By Jared Chausow
By Katie Toth
By Elizabeth Flock
City Hid Facts From Feds About Rikers
By Albert Samaha
Flood Wall Street Gets Pepper Sprayed and Arrested
By Anna Merlan
By Jon Campbell
Report Sheds Light on Anti-Muslim Bias
By Jon Campbell
Rikers Island Lawsuits Over Diabetic Care
By Albert Samaha
Absent from the controversy is the boisterous United Federation of Teachers. Last month, Gomes sent a letter to UFT borough representative Robert Astrowsky, expressing her "outrage at the apathy and lack of support" that she and Nzingha have received from the union. In her letter, Gomes, who is the UFT chapter leader at the middle school, lays out her version of the circumstances surrounding the disciplinary action against them and some students who took part in the rallies. "Because of the large turnout and show of solidarity by students, an in-house inquisition was launched," she charged. "Corbett began to drag students into her office and interrogate them without parental consent or representation. The questioning was based on the pretense that students had been 'solicited' to join the protest. Also, students' notes were [seized] in order to find evidence of foul play on the part of the teachers involved."
Gomes noted that she has asked for a "consultation with a union delegate who has specific experience with cases like mine" to no avail. "I have waited without success to hear from such a representative." And "despite the limited advice and fearful commentary" she has received from one low-level union functionary, "there has been no direct communication" between Gomes and the union hierarchy.
Additional reporting by Amanda Ward
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From ugly duckling to beauty queen
More News from Armin Adina
Her name has now become synonymous with beauty and grace, but Venus Raj reveals that she did not always feel beautiful about herself.
She may have been named after the Greek goddess of love and beauty, but the 2010 Miss Universe fourth runner-up recalls that when she was young, she would always run crying to her mother because playmates had taunted her and called her "ugly."
"I got that a lot when I was a child in Bicol," the 5'9" titleholder recounts. "I was called pangit [ugly], negra [nigger], higante [giant] and bangkay [corpse]. I didn't look like a beauty queen!"
The 22-year-old Filipino-Indian beauty says she felt bad about being tall, skinny and having dark skin, and only found solace from her mom, Ester, who would always reassure her: "You are beautiful. Believe me, I'm your mother."
Her sisters echoed that sentiment, but Venus initially thought her family had praised her looks only to make her feel better. "If it's not a relative, it would be my teacher who'd tell me I'm beautiful," she shares, saying she only found reason to believe them much later.
"Very few people had told me I'm beautiful, but I held on to my mother's words which gave me confidence," says this Bicolana. "Now, after winning a place in the Miss Universe pageant, lots of people tell me they appreciate the way I look."
Despite the childhood taunts, Venus bagged several beauty titles in school, including Miss Bato (after her hometown in Camarines Sur) at 15. When she turned 18, she joined Miss Bicolandia, the biggest pageant in the Bicol Region, and finished as a runner up. In 2008, she joined her first national competition, the Miss Philippines-Earth pageant, and was crowned Miss Philippines-Ecotourism.
When she enlisted for the Binibining Pilipinas pageant, which would give her the right to represent the country in the Miss Universe pageant, Venus says there were still some people who doubted her chances.
"I just took note of what my mom told me. She said I should not mind them because it won't help if I allow myself to get affected," she confides. And her strategy worked. She bagged the title and eventually conquered the "Universe" with her innate charm.
Despite detractors pointing to her answer to the final Miss Universe question as a "major major" factor for the fourth runner-up finish instead of the big win, Venus remains unperturbed. "I entered the beauty pageant industry and prospered in it because I am beautiful. It is, after all, called a beauty pageant. We are judged based on our physical appearance."
She elaborates: "In most pageants, before you are given the chance to show people what's inside your heart, you are initially measured by the way you look. For example, at the Miss Universe pageant, you are made to walk first in a swimsuit, then in a gown. If the judges do not like how you project yourself physically, then you will not even be given the chance to answer the final question."
Beauty has been key to Venus' success. Born poor and raised amidst rice fields, she can now afford to build her mother a house of sturdy materials right in front of the shabby hut she grew up in. Her earnings as a beauty queen have also paid for the lot where the houses stand. She provides for her family's needs through endorsement contracts and a lucrative deal as model for the Araneta Center in Quezon City.
Looks may have taken her far, but Venus has more to offer than just her dusky features. She sent herself to university through a scholarship and graduated cum laude with a degree in Communication Arts at the Bicol University. That background has proven helpful in her hosting stint for ABS-CBN's "Umagang Kay Ganda" and as Philippine Star columnist.
But true beauty goes beyond mere physical looks, says Venus. "God made us all in His image, and He did not create anything ugly. So what sets you apart is what's inside you, what you can offer others, how you relate to people and how radiant your soul is," she says.
"I think what really makes me beautiful is my attitude and personality, something I have more than what God has given me," she adds.
Admittedly, she says, there are times when she feels less beautiful – and that's when she avoids mirrors. "That is a reality in life. Sometimes you may have problems or become stressed. It will always reflect on the outside."
She adds: "Whenever I feel that way, I just take a bath. Or get a massage to relax and make myself feel light. I'd feel good afterwards and that gives me a certain glow." Feeling positive always helps, she advises other women. "You give off a different aura when you're happy. You may not have a perfect face, but people may notice something different about you, something good."
Always maximize what you have, what God has given you, says Venus. "In my case, I embraced how I look. And it turned out that what I thought made me ugly became my assets in the Miss Universe pageant."
Thanks to her winning attitude, the girl taunted as an ugly duckling during her growing up years in Bato, Camarines Sur, has developed into a beauty queen worthy of her name.
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Global Youth Institute - Michigan Delegates
Michigan is currently researching potential opportunities to bring the broader learning experiences offered at the Global Youth Institute back to Michigan on a local level. We appreciate any interested parties' patience in advance, as we work to develop a program that will help the youth of MI develop a deeper understanding of global food systems, today's challenges, and create interactions with state leaders to help youth formulate their own potential solutions. More information will be shared when it is available.
The Global Youth Institute: Up to two student delegates will be selected to represent Michigan at the Global Youth Institute held in Des Moines, Iowa, October 15-17, 2015. There, they will join over 300 other outstanding high school students and teachers from across the United States and around the world for an exciting three-day program to interact with Nobel and World Food Prize Laureates and the more than 1,000 global leaders from 75 countries attending the World Food Prize's annual international symposium.
By participating in the Global Youth Institute, students are eligible to apply for a prestigious Borlaug-Ruan International Internship or USDA Wallace-Carver Fellowship.
Borlaug-Ruan International Internship: an all-expenses-paid, eight-week hands-on experience for high school students to work with world-renowned scientists and policymakers at leading research centers in Africa, Asia, Latin America and the Middle East. Since 1998, 227 Borlaug-Ruan Interns have traveled to Bangladesh, Brazil, China, Costa Rica, Egypt, Ethiopia, India, Indonesia, Kenya, Malaysia, Mexico, Nepal, Peru, Philippines, Taiwan, Tanzania, Thailand, Trinidad and Turkey to get a firsthand view of pressing food security and nutritional problems in poverty-stricken areas and take part in ground-breaking research.
Wallace-Carver Fellowship: a paid two-month research or policy placement at a U.S. Department of Agriculture laboratory or field office, or at USDA headquarters in Washington D.C. In 2015, up to 100 Wallace-Carver Fellows will intern at USDA, analyzing agricultural and economic policy; assisting in the management of food, nutrition and rural development programs; and taking part in groundbreaking field and laboratory-based research. Fellows travel to Washington DC at the start of their internship for a week-long high-level leadership program hosted by the U.S. Secretary of Agriculture.
To participate, students research a global issue and write a five-page paper under the supervision of a teacher mentor (using the downloadable guidelines above). Each high school must register their student delegate nominee(s) and submit each student's research paper online by August 3, 2015. Ninth through Twelfth grade students are eligible to apply.
All submitted registrations and research papers will be evaluated by a committee of experts, and invitations to attend the Global Youth Institute as a student delegate representing Michigan will be emailed by August 15, 2015.
Accommodation, meal and program expenses at the three-day event (Thursday morning through Saturday afternoon) are provided by the World Food Prize Foundation for participating student delegates and their teacher mentors. However, both student and teacher participants must organize and fund their own transportation to and from the event in Iowa, as well as their lodging Wednesday evening prior to the start of the institute. As such, the student and teacher mentor are responsible for transportation, lodging, meal and other associated costs of participation accrued outside of the actual event.
For more information on how to participate in the 2015 Global Youth Institute, contact the Michigan State Coordinators: Makena Schultz at email@example.com or (517) 432-7603 and Brian Wibby at email@example.com or (906) 475-5731.


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- Keith B. Armitage
- … show all 1 hide
Adult immunization has not received the emphasis that has been directed toward vaccinating infants, children, and adolescents. Although vaccination is routine in pediatric practice, it is not commonplace in the practice of physicians who treat adults. Vaccines that should be considered in adult women include tetanus, influenza, MMR (measles, mumps, rubella), varicella-zoster, pneumococcus, meningiococcus, and hepatitis A and B. Indications for the specific vaccines and unique issues of vaccination in pregnancy are discussed below.
Adults should receive a booster dose of tetanus every 10 years. A primary series for unvaccinated adults is three doses: the first two doses given at least 4 weeks apart and the third dose, 6–12 months after the second.
Infection with the influenza virus produces more morbidity and mortality than any other infectious agent. Each year new strains of influenza circulate in the community, and protection requires annual vaccination. Influenza vaccination has long b ...
- Keusch, G. T., Bart, K. J. Immunization principles and vaccine use. In: Braunwald, E., Fauci, A. S., Kasper, D. L., Hauser, S. L., Longo, D. L., Jameson, L. J. eds. (2001) Harrison's principles of internal medicine. McGraw-Hill, New York, pp. 780-789
- American College of Preventive Medicine webpage on vaccination: http://www.acpm.org/adult.htm
- Family Medicine immunization webpage: http://www.immunizationed.org/
- Title
- Immunization
- Reference Work Title
- Encyclopedia of Women's Health
- Pages
- pp 637-639
- Copyright
- 2004
- 10.1007/978-0-306-48113-0_213
- Print ISBN
- 978-0-306-48073-7
- Online ISBN
- 978-0-306-48113-0
- Publisher
- Springer US
- Copyright Holder
- Springer-Verlag US
- Additional Links
- Topics
- Industry Sectors
- eBook Packages
- Authors
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Mobility is an important aspect of a
spinal cord injury (SCI). The ability to move lets you
participate more fully in community life and do the things you would like to
do. You are not "confined" to crutches or wheelchairs—they make you
independent. Mobility devices can help you get to work, go shopping, and get
around outside your home. They may allow you to participate in races,
basketball, tennis, and other sports. You can often get around as quickly as
anyone else can walking.
Most people with an SCI use a wheelchair at some point. Even if you
can get around with crutches, there will probably be times when you need a
wheelchair. The two main types of wheelchairs are:
You select a wheelchair based on how much movement and feeling you
have (your functional level of injury), how much you are able to do, how strong
your upper body is, where and how the wheelchair will be used, and its cost.
Questions you can ask are:
Other types of mobility devices include:
Just because you have an SCI does not mean you cannot drive. Many
people with SCIs are able to drive with special modifications to their vehicle.
If you feel you can drive, talk to your
occupational therapist or case manager. You will
probably have to go through a program that evaluates your ability to drive
safely. This generally includes an evaluation of your visual and movement
skills, reaction time, and hand function.
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Federal prosecutors have sought 8-10 years in jail for Indian-American Goldman Sachs director Rajat Gupta for his "shocking" insider trading crimes even as he pleaded to be spared a prison term and offered to perform community service in Rwanda.
The prosecutors and Mr Gupta's defence team each submitted their sentencing memorandum in US District Court in New York on Wednesday, a week before US District Judge Jed Rakoff sentences Mr Gupta on insider trading charges.
In a 12-page memorandum, Manhattan's top federal attorney Preet Bharara said a "sentence within the applicable guidelines range of 97 to 121 months imprisonment is appropriate" for Mr Gupta, who repeatedly flouted the law and abused his position of trust and in his "callousness and above-the-law arrogance" committed crimes which were "extraordinarily serious and damaging to the capital markets."
"Gupta's crimes are shocking," Mr Bharara said arguing that, "a significant term of imprisonment is necessary to reflect the seriousness of Gupta's crimes and to deter other corporate insiders in similar positions of trust from stealing corporate secrets and engaging in a crime that has become far too common."
Prosecutors said Goldman Sachs, which was "an identifiable victim of Gupta's criminal conduct," is seeking restitution to the amount of $6.8 million, including the fees the company incurred in the course of investigations and legal proceedings as well as a portion of the compensation that Goldman paid to Mr Gupta as a director.
They said Mr Gupta should also forfeit $1,150,000, which is 10 per cent of the trading gains hedge fund founder Raj Rajaratnam made as a result of Mr Gupta's illegal tips to him.
In his sentencing memorandum, Mr Gupta's lawyer Gary Naftalis sought probation and said his client is ready to perform a "rigorous full-time programme of community service."
The offers for community service involve working with homeless and runaway youth as well as "a less orthodox but innovative proposal" of living in the backward districts of Rwanda and working with the local government on health care initiatives with particular focus on HIV/AIDS and malaria and agricultural development.
Mr Naftalis said Mr Gupta's "once sterling reputation, built over decades, has been irreparably shattered, and his business and philanthropic accomplishments tainted".
Mr Gupta's "monumental fall" is itself severe punishment and courts have previously recognised that "if used wisely, probation is sufficiently serious punishment to satisfy the statutory mandate that the sentence reflect the seriousness of the offense and provide just punishment".
Mr Gupta, 63, is the most high profile Wall Street executive to be convicted in the government's crackdown on insider trading.
Mr Rajaratnam is currently serving an 11 year prison term after being convicted last year.
Prosecutors argued that while Mr Gupta's criminal conduct appears to be a deviation from an otherwise law-abiding life, his crimes were not an isolated occurrence or a momentary lapse in judgement.
"Indeed, the opposite is true. Gupta repeatedly tipped Rajaratnam with corporate secrets for nearly two years. And the ease with which he disclosed confidential information to Rajaratnam...reflects the total disregard he showed for his fiduciary duties and the callousness with which he handled confidential information," the prosecutors argued.
Mr Gupta was found guilty by a jury in June this year on three counts of securities fraud and one count of conspiracy.
The securities fraud carries a maximum prison sentence of 20 years and the conspiracy carries a five-year jail term.
Mr Gupta's sentencing comes exactly a year after Mr Bharara filed insider trading charges against the former McKinsey head.
Mr Gupta was convicted of leaking board room secrets of Goldman Sachs to Mr Rajaratnam, including information about a five billion investment by Warren Buffett's Berkshire Hathaway in September 2008 and a tip on a quarterly loss.
The jury had acquitted him of two charges of leaking information that Cincinnati-based P&G's organic sales growth would fall below estimates and tipping Mr Rajaratnam about Goldman Sachs's earnings in the first quarter of 2007.
Mr Bharara said instead of serving the interests of the shareholders, as was his obligation as director, Mr Gupta used the confidential information he learned as a board member to help Mr Rajaratnam make millions of dollars in illegal profits, at the expense of the public.
"Gupta was deceptive and dishonest" with the other members of the Goldman and Proctor and Gamble boards.
"His repeated conduct over nearly two years demonstrated an utter lack of respect for the law. In committing his crimes, Gupta displayed an above-the-law arrogance and never expressed any concern about the harm he was causing to Goldman Sachs, P&G, the markets, or other investors," Mr Bharara said.
Mr Bharara pointed out that Mr Gupta has submitted letters by friends and acquaintances to the court that speak about his incredibly successful career and his participation in a number of charitable organisations.
Among the 400 letters of support that Mr Gupta's lawyers have submitted in court are those by former UN Secretary General Kofi Annan, Microsoft co-founder Bill Gates, Nobel laureate Amartya Sen and Biocon Chairperson Kiran Mazumdar Shaw as well as several of Mr Gupta's former McKinsey colleagues.
"The court can and, of course, should take that good conduct into account in fashioning an appropriate sentence. On the other hand, Gupta took advantage of the trusted relationships that he had built from a lifetime of good conduct to violate the law at the expense of the public and the companies he was supposed to serve," Mr Bharara said.
Mr Naftalis said while Mr Gupta is prepared to undertake any community service the court considers appropriate, he offered two specific programmes that Mr Gupta could undertake.
Mr Naftalis said Mr Gupta could work with Covenant House, which provides emergency shelter and other services for homeless, runaway and at risk youth.
"Gupta would provide direct services to these children at Covenant House's New York site, including working as part of the intake team at the Crisis Centre, and assisting participants in the transitional living programme known as 'Rights of Passage' and in job training.
"In addition, he would assist Covenant House in developing a plan to implement a set of strategic initiatives for the organisation," Mr Naftalis said.
The second offer for community services involves Mr Gupta living in the rural districts of Rwanda and working with government officials and humanitarian organisation 'CARE USA' to help implement the country's initiative to improve delivery of health care and agricultural development.
"We recognise this is an unusual community service proposal, but one that could potentially provide great benefits to large numbers of Rwandans desperately in need of help, and which Gupta is uniquely situated to perform," Mr Naftalis said.
"Moreover, it would require Gupta to confront significant hardships and would thus constitute punishment commensurate with the seriousness of the offense, as Gupta would be thousands of miles from his family and friends, and would be living in basic accommodations in rural areas of the country," Mr Naftalis added.
He said while white-collar offenses are "gravely serious" and demand "considerable punishment," the court has previously found that "probation and home detention could accomplish the goals of punishment more effectively than imprisonment and that not all defendants must be sentenced to imprisonment to be duly punished."
He said the Rwandan government has expressed support for a programme of service in which Mr Gupta would "work with rural districts to ensure that the needs to end HIV, malaria, extreme poverty, and food security, are implemented."
According to Mr Naftalis, Rwandan Minister of Justice and Attorney General Tharcisse Karugarama has said the Rwandan government would accept "responsibility for crafting a (specific) programme of work, for the terms imposed on Mr Gupta being carried out, and to ensure that regular reports are provided to the appropriate authorities in the United States by the Ministry of Justice/Attorney General's office."
"Gupta, and his contributions to Rwanda and other developing countries, are well known to us. We believe he can make a significant difference in helping us to accomplish the aforementioned objectives (ending HIV, malaria and extreme poverty and ensuring food security)," Mr Naftalis quoted Mr Karugarama as saying.
Mr Gupta would live in the rural districts and in turn would experience a "measure of real sacrifice, thousands of miles from his family and living in spare, rural accommodations, that is, it would be punishment reflecting the seriousness of the offense of which he was convicted, while at the same time enabling him to give back to society and employ his talents in a country, and in a manner, consistent with US interests," Mr Naftalis said in the memo.
Keywords: Rajat Gupta, insider trading, Goldman Sachs, securities fraud, Goldman Sachs, Galleon hedge fund, Raj Rajaratnam


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