The Plea Bargaining Blog

The Washington Post reports that a Dutch national accused of planting roadside bombs in Iraq is expected to plead guilty today. The case represents the first prosecution of an alleged Iraqi insurgent in a U.S. Courtroom. Wesam al-Delaema, 36, was indicted by a federal grand jury in Washington on charges that include conspiring to murder U.S. citizens and possessing a destructive device during a crime of violence. . . . [Delaema] was arrested by Dutch authorities in May 2005 and extradited to the United States in early 2007. Authorities have alleged that Delaema traveled to Iraq in 2003 and was a member of the group Mujaheddin From Fallujah, which deployed roadside bombs. On a videotape seized from his Dutch home, Delaema and other alleged insurgents were shown making, planting and discussing explosives intended to harm U.S. troops operating near Fallujah, authorities have said. On the video, Delaema said in Arabic that "we have executed several operations, and most of them were s...

Doug Berman over at the Sentencing Law and Policy blog has an interesting post regarding a National Law Journal article about a federal judge who has defied the DOJ's wishes and ordered all plea agreements to be posted online. Here is a portion of the National Law Journal article. Chief Judge Federico Moreno of the Southern District of Florida, bucking the wishes of the U.S. Department of Justice, has ordered all plea agreements to be posted online. In an order issued on Jan. 22, Moreno stated that as of Feb. 20, all plea agreements "will be public documents, with full remote access available to all members of the public and the bar, unless the Court has entered an order in advance directing the sealing or otherwise restricting a plea agreement." Moreno's order rescinds a previous order of April 2007 taking all plea agreements offline and making them accessible for physical viewing only at the courthouse. The issue of whetherplea agreements should be publicly avail...

According to the Argus Leader , South Dakota may soon get post-conviction DNA testing. Some inmates in the state prison system could have DNA evidence tested to determine whether they were wrongly convicted if a bill in the Legislature becomes law. House Bill 1166, introduced Wednesday, has four Republican sponsors in the House and two Republicans and one Democrat in the Senate. The bill would let felony convicts petition for DNA testing if the evidence exists and if there were questions about identity in their prosecutions. The bill has the backing of the local chapter of the Innocence Project, a national group that has pushed to expand post-conviction DNA testing at the state and federal level. Evidence lockers across the nation contain evidence of rapes and murders that were committed before science enabled investigators to use DNA to identify perpetrators. DNA testing has enabled law enforcement agencies across the nation to solve old cases. But the tests also have helped those who...

Five years ago today, Andrew Fastow pleaded guilty to participation in crimes that contributed to the collapse of Enron. In his plea, Fastow admitted to disguising Enron's deteriorating financial health and engaging in a scheme to defraud the company of millions of dollars for his own benefit. Fastow also entered into an agreement to surrender more than $23 million to the SEC to settle related civil charges. Fastow's plea agreement was the beginning of the end for the Enron conspirators. On January 22, 2004, Richard Causey, former Enron Chief Accounting Officer, was charged with being "a principal architect" of a scheme to mislead investors. On February 19, Jeff Skilling, former Enron CEO, was indicted on 35 counts of fraud, insider trading, and conspiracy. Finally, on July 18, Ken Lay, Enron founder and former CEO, was indicted on eleven counts of conspiracy, making misleading statements, wire fraud, bank fraud, and securities fraud. In early 2005, Causey pleaded gu...

It is with great sadness that we learned today of the death of Griffin B. Bell, an individual aptly named by the New York Times as the “dean of Georgia lawyers.” Judge Bell’s influence in the law extends well beyond Georgia of course. In particular, his reputation of strong principles and independence led him to be a popular choice for internal investigations and an attorney who shaped this ever growing area of the law. As the New York Times noted today, his reputation was such that he established a Special Matters practice at King & Spalding to handle such assignments. It is as a member of the King & Spalding Special Matters Team that I was able to meet Judge Bell and, during my final year with the firm, even had the pleasure of having an office just down the hallway from the former Attorney General. I will remember most his Southern style and his gift for quickly boiling down complex issues to the core. He was always a provider of thoughtful guidance, and he will be missed. T...

According to the Washington Post , the DOJ has reached more than a dozen business-related settlements since November. The climate for business settlements could grow more harsh when Obama appointees seize the reins at the Justice Department, corporate lawyers say. They point to statements by Attorney General-designate Eric H. Holder Jr., who told an audience last month that he would expand the focus of federal prosecutors into corporate suites. A review of 15 agreements involving corporations since early November suggests that much of the alleged misconduct dates back five years or more, provoking questions about why the cases took so long to mature and why resolutions are coming with only weeks left in President Bush's term. . . Justice Department officials said there is nothing unusual about end-of-year settlements. They defend their record in investigating and prosecuting corporate misdeeds. In recent weeks, they announced indictments against five Blackwater Worldwide securit...

Fiat has agreed to pay a $7 million penalty for illegal kickbacks paid to officials of the former Iraqi government by three of its subsidiaries. According to the DOJ , the company will pay the fine as part of a deferred prosecution agreement with the government. Criminal informations were filed today against three Fiat subsidiaries in U.S. District Court for the District of Columbia. Iveco S.p.A. (Iveco) and CNH Italia S.p.A. (CNH Italia) were each charged with one count of conspiracy to commit wire fraud and to violate the books and records provisions of the Foreign Corrupt Practices Act (FCPA). CNH France S.A. (CNH France) was charged with conspiracy to commit wire fraud. Fiat has acknowledged responsibility for the actions of its three subsidiaries, Iveco, CNH Italia and CNH France, whose employees and agents made improper payments to the former Iraqi government in order to obtain contracts with Iraqi ministries to provide industrial pumps, gears and other equipment. The agreement ...