April 18, 2013 10:58:54 AM by
On March 20 former KPMG partner Scott London admitted to passing confidential inside information to his friend Bryan Shaw, who reportedly traded on that information, making over a million dollars. In my most recent “Injustice Department” column for Forbes.com, co-authored with my research assistants Juliana DeVries and Zachary Bloom, I explain how appalling violations of trust are nothing new to the KPMG leadership, considering their long-forgotten devil’s deal with the U.S. Department of Justice back in 2004, whereby the firm “cooperated” with the government and threw its employees and clients under the bus. A culture of betrayal is made almost inevitable by the prosecutorial tactics of the DOJ, which turn colleague against colleague and company against employee on the basis of not-always-truthful testimony.
You canfind the column here, on my "Injustice Department" blog.
April 05, 2013 2:02:59 PM by
I was struck recently by a page-one story in the Wall Street Journal about the latest arrest in the Department of Justice’s ongoing investigation of alleged insider trading at SAC Capital, a prominent hedge fund. So far six people have pleaded guilty or been convicted, and four have agreed to “cooperate.” It is the meaning of “cooperation” that is at the heart of my opinion piece.
You will find my column in today’s paper on the “Opinion” page, or on the Wall Street Journal’s website
September 20, 2012 2:32:41 PM by
I’ve been asked many times of late where I stand in the current presidential race. This has raised for me larger questions, the answers to some of which have perhaps become evident in my writings of recent years. So when The Phoenix (successor, as of today’s inaugural issue now on newsstands, in street boxes, and at www.thephoenix.com,to the decades-old Boston Phoenix) asked me to write a “Freedom Watch” essay on the politics of the day, I made an attempt to compress many thoughts on numerous complicated issues into a brief essay. I hope that I’ve succeeded in enlightening rather than confusing my readers.
You can find some of the article after the jump.
August 20, 2012 10:21:27 AM by
On July 30, I wrote a piece on my “Injustice Department” blog on Forbes.com discussing the narrow-mindedness of the Gibson Guitar Company CEO’s claim in a Wall Street Journal op-ed that the United States Justice Department is waging a war against capitalism. It is a war, I suggested, against many sectors of civil society.
Since that piece went up, Gibson Guitar has entered into a deal with the DOJ in which it sort-of admits guilt to alleged violations of the Lacey Act, pays a whopping fine, and will emerge without a criminal conviction in the end. Gibson took this step even though the company and its CEO earlier had publicly proclaimed their innocence. My latest piece, published in today’s Wall Street Journal, explains how corrupt plea-bargaining practices at the Department of Justice, as opposed to actual guilt, likely led to Gibson’s guilty plea and, most disturbingly, to its agreement to stick to a negotiated script with regard to the question of guilt versus innocence. As is increasingly true at the Department of Justice – via a process that has been gaining momentum since at least the mid-1980s – there is no longer a principled and discernible line between truth and falsehood.
August 07, 2012 9:06:26 AM by
There has been much outrage about the federal government's crusade against Nancy Black, the marine biologist and whale watch guide currently facing charges of abusing whales (by allegedly feeding them) and tampering with evidence. George F. Will's July 27 column in the Washington Post is a veritable indictment of the conduct of Department of Justice and National Oceanic and Atmospheric Administration overreach. The column makes for interesting reading, and also contains a shout-out to my book Three Felonies A Day. Will is right to connect Nancy Black's misfortunes at the hands of federal agents with the greater picture of overcriminalization. The vast, unchecked expansion of the federal criminal code in recent decades, which has criminalized many of the basic activities of civil society, means that not even a whale watch guide is safe if a whale is too friendly for federal agents' comfort.