Archive for February, 2012

More FCPA acquittals

Defenders of the government’s aggressive prosecutions under the Foreign Corrupt Practices Act are finding more and more to be defensive about. The latest in the string of setbacks for the Department of Justice came Monday, when a jury acquitted two defendants in the Justice Department’s 2009 Gabon “sting” operation and the case against three others ended in a mistrial. Alison Frankel: “So far, the Justice Department has not managed to convict a single Gabon sting defendant who contested its charges.” [WaPo, WSJ blog and related, earlier]

More: “A Guest Post From The Africa Sting Jury Foreman” [FCPA Professor]

Claim: “defamation by omission”

“Once profiled in The New York Times as a former Harvard student who had his own claim as being the true genius behind Facebook, [Aaron] Greenspan is now involved in a dispute with Columbia Pictures that alleges [among other counts] he was defamed by being left out of the award-winning film about Facebook’s origins [‘The Social Network’].” [Hollywood Reporter]

European roundup

  • Overseas press excoriates new FATCA tax-Americans’-foreign-earnings law; some foreign banks now turn away American customers [Dan Mitchell, Cato, Reason] “The Fatca story is really kind of insane.” [Caplin & Drysdale’s H. David Rosenbloom, NYT via TaxProf] Will Congress back down? [Peter Spiro/OJ, more]
  • Important new book from James Maxeiner (University of Baltimore) and co-authors Gyooho Lee and Armin Weber on what the U.S. can learn from legal procedure overseas: “Failures of American Civil Justice in International Perspective” [TortsProf]
  • Don’t do it: British administration mulls further move away from loser-pays rule in search of — what exactly, a yet more Americanized litigation culture? [Guardian, Law Society]
  • Apparently in Norway it’s possible to lose one’s kids by feeding them by hand [Shikha Dalmia, Reason]
  • Financial transaction tax? Ask the Swedes how that worked out [Mike “Mish” Shedlock, Business Insider]
  • Notes from conference on globalization of class actions [Karlsgodt] Related: Adam Zimmerman;
  • “Another conviction in Europe for insulting religion” [Volokh; Polish pop star] Campus secularists’ speech under fire in the U.K. as “Jesus and Mo” controversy spreads to LSE [Popehat] British speech prosecution of soccer star [Suneal Bedi and William Marra, NRO]

“Xbox games may have spurred synagogue attacks, lawyer says”

“A man accused of firebombing three New Jersey synagogues may have been influenced by violent Xbox video games that aggravated his mental issues, his attorney said Tuesday. … [Anthony] Graziano’s attorney, Robert Kalisch, speaking outside court after the hearing Tuesday morning, described Graziano as a young man with mental health issues who had few friends and played violent games on his Xbox.” [MSNBC, Patrick Scott Patterson/Examiner](& Elie Mystal, Above the Law)

Hit by car playing hooky, suit blames school

Having decided to cut classes, a 15-year-old student at Mitchell High School in New Port Richey, Fla. was fatally struck by a car one morning last year about a mile from school grounds. “Her mother says school officials could have prevented her death — and she’s pursuing legal action with the hope of changing their supervision and tardiness policies….The notice, drafted by Mamonoff’s attorney Stacy Kemp, offered to drop the matter and settle out of court for $1 million.” [St. Petersburg Times]

February 1 roundup