October 15, 2010

U.S. Justice Department is Continuing its Anti Corruption Campaign

In the October 15, 2010 Wall Street Journal, Dionne Searcey reports that "after numerous record-shattering fines and executive prosecutions in recent years, the government's crackdown on violations of the Foreign Corrupt Practices Act shows no signs of slowing.

So far this year, the U.S. Justice Department has carried out a dozen prosecutions, after 19 prosecutions in 2009. That doesn't include civil cases brought under the law by the Securities and Exchange Commission." To see Ms. Searcey's complete article, go to:

http://online.wsj.com/article/SB10001424052748704634104575552583836621938.html?mod=dist_smartb

January 6, 2010

New York State Office of the State Comptroller: Citizen Centric Report

The New York State Office of the State Comptroller has issued it's first
Citizen-Centric Report for the fiscal year ended March 31, 2009. The
format for the Citizen-Centric Report was developed by the Association of
Government Accountants (AGA) and is intended to foster innovative means of
communication between governments and their citizenry. The AGA believes
that government financial information should be provided to citizens in a
visually appealing, clear and understandable four-page document.

To view the Citizen-Centric Report for the fiscal year ended March 31,
2009, please click on the link below:

http://www.osc.state.ny.us/finance/finreports/citizencentric2009.pdf

July 29, 2009

New York Commission on Judicial Nominations - Proposed Revisions to Rules - July 2009

In response to criticism it received for submitting and all-male list with only one black of seven candidates to New York Governor David A. Paterson last December to fill a New York Court of Appeals opening created by the retirement of then Chief Judge Judith S. Kaye, the New York Commission on Judicial Nominations has released for public comment a number of proposed rule changes, Proposed Revisions to the Rules of the Commission on Judicial Nominations: Title 22 N.Y.C.R.R. Section 7100. The proposed revisions announced in a Press Release by the Commission on July 20; a 45 day comment period on the rules is expected to begin next week.:

Press Release Announce Proposed Rule Revisions

Download fileles of the New York Commission on Judical Nominations

July 14, 2009

Unclassified Report on the President's Surveillance Program

The Unclassified Report of the President's Surveillance Program released on July 10, 2009 is a review of the National Security Agency Warrantless Search Program, created during the presidency of George W. Bush some time after September 11, 2001. The unclassified report was prepared by the inspectors general of five government bodies involved in the original program. Among its many observations it raises questions about both whether the extensive secrecy of the original warrantless surveillance program limited its effectiveness and the legal basis of the original program..

The following is an excerpt from the Introduction to the Unclassified Report followed by a link to the entire Report:

From the Introduction:

In the weeks following the terrorist attacks of September 11, 2001, the President authorized the National Security Agency (NSA) to conduct a classified program to detect and prevent further attacks in the United States. As part of the NSA's classified program, several different intelligence activities were authorized in Presidential Authorizations, and the details of these activities changed over time. The program was reauthorized by the President approximately every 45 days, with certain modifications. Collectively, the activities carried out under these Authorizations are referred to as the "President's Surveillance Program" or "PSP."

One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qa'ida or related terrorist organizations. This aspect of the PSP was publicly acknowledged and described by the President, the Attorney General, and other Administration officials beginning in December 2005 following a series of articles published in The New York Times. The Attorney General subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same Presidential Authorization, but the details of those activities remain classified.

The President and other Administration officials labeled the publicly disclosed interception of the content of certain international communications by the NSA as the "Terrorist Surveillance Program."

UNCLASSIFIED REPORT ON THE PRESIDENT'S SURVEILLANCE PROGRAM July 10, 2009.

April 3, 2009

Social Security Administration: Fugitive Felons Serving As Representative Payees

The Office of the Inspector General of the Social Security Administration (SSA) has prepared an audit report, Fugitive Felons Serving As Representative Payees. March 2009. The Report consists of a review and analysis of representative payee issues within the SSA. To conduct the review, a file of fugitive records was obtained from the SSA Office of Investigations. From that file it was determined that 14, 594 inbdividuals for whom arrest warrants had been issued and who were represenative payees for SSA benificiaries as of July 2007 From this group 275 individuals were randomly selected for detailed analysis..

To see the entire Report click on the link below:

Audit Report: Fugitive Felons Serving As Representative Payees


February 6, 2009

Publication: Federal Rules of Evidence 2009

Federal Rules of Evidence 2009
ISSN 566-5645
Published by Federal Evidence Review as a web based publication.

According to the publisher this publication consists of "a current version of the Federal Rules of Evidence...,originally enacted in 1975 and as amended to the present." It is "fully searchable using the Adobe Reader 'search' tool. Other publications produced by this publisher include: The Federal Rules of Evidence Advosory Committee Notes, available at http://federalevidence.com/notes. and Federall Evidence Review, a monthly electronic legal journal that highlights recent federal evidence cases and developments for subscribers. For subscription and other information go to http://federalevidence.com

February 5, 2009

Madoff, Investors, and the Securities and Exchange Commission (SEC)

Recent news and developments regarding investors and the U.S. Securities and Exchange Commission ( SEC ) as related to the Madoff ponzi scheme:

The Securities and Exchange Commission (SEC) has posted information for Madoff investors at:
http://www.sec.gov/news/press/2008/2008-293-update.htm

See also NYT article 2-5-09: by Diana B. Henriques
"At Madoff Hearing, Lawmakers Lay Into S.E.C." at:

http://www.nytimes.com/2009/02/05/business/05madoff.html?partner=permalink&exprod=permalink
Washington Post article 2-5-09
"Lawmakers Sink Teeth into the SEC: Agency Mocked for Not Catching Madoff" by Frank Ahrens at

http://www.washingtonpost.com/wp-dyn/content/article/2009/02/04/AR2009020403399.html?wpisrc=newsletter

ADDITIONAL INFORMATION February 6, 2009:

An eclectic list which purports to name thousands of people who lost money in Mr. Madoff's alleged ponzi scheme has been released as part of his firm's bankruptcy court proceedings. It is reported to consist of a simple alphabetical listing of people who either were identified as customers in Mr. Madoff''s records or who identified themselves as customers by contacting Irving Picard, the court appointed trustee in charge of liquidating Mr. Madoff's assets, or the Securities Investor Protection Corporation. Soon after learning the list had been released, Josh Linsk a publisher transformed it into a searchable database. Mr. Linsk, not a Madoff investor himself, has said that if any person wishes to be removed from his version of the database, "we would honor that". His searchable database is at http://www.madoffsearch.com.*
___________________________________________
* Most of the above additional information was derived from material included in a Friday February 6, 2009 Wall Street Journal Article, "Madoff Clients Exposeed," by Dionne Searcey and Amir Efranti, pages A1, A10. We recommend that you read their entire article.


January 29, 2009

New York: Significant Change in the Rules of Professional Conduct

James R. Sahlem, Principal Law Librarian at the New York Supreme Court Library at Bullafo, notes in his publication, NYCRR/Sections Affected , a significant change in the Rules of Professional Conduct (22 NYCRR 1200), NYR 1-28-09 at p 99.

January 2, 2009

Bernard Lawrence Madoff

Bernard Lawrence Madoff was arrested on December 11, 2008 on a ciminal complaint and has been charged with" perpetrating the largest investor fraud ever committed by an individual." Below are some excerpts and links to articles and documenrs related to this matter. As this matter unfolds we expect to both add and perhaps revise information as appropriate:

The first excerpt is from the WIKI posting Bernard Lawrence Madoff. Although some may question linking to WIKI postings for this type of material, we have looked at this entry and believe it is useful as an introduction to both Bernard Madoff and his alleged activities":

"Bernard Lawrence Madoff (IPA: /ˈmeɪdɑf/) (born April 29, 1938) is a businessman and former chairman of the NASDAQ stock market. He started the Wall Street firm Bernard L. Madoff Investment Securities LLC in 1960 and was its chairman until December 11, 2008, when he was charged with perpetrating the largest investor fraud ever committed by a single individual.[1]"" "This article documents a current event. Information may change rapidly as the event progresses."

The second excerpt is from a U.S. Department of Justice website which also includes links to some current related documents which are currently available. See:

http://www.usdoj.gov/usao/nys/madoff.html

UPDATE:
Bernard Madoff is scheduled to appear at the US. District Court, Southern District this afternoon, January 5, 2009 for a bail hearing. For more information see:

http://www.bloomberg.com/apps/news?pid=20601103&sid=afPlF6F7fqK8&refer=news

Some Related Documents:

Madoff - U.S. House Investigation Request 12-17-2008

Statement from Chairman Christopher Cox Regarding Madoff Investigation by Securities Exchange Commission (SEC)


December 18, 2008

New Rules of Professional Conduct for New York Attorneys Announced

From the New York Unified Court System Press Release, December 17, 2008.

"NEW YORK – Chief Judge Judith S. Kaye and the Presiding Justices of the Appellate Division today announced a new set of attorney conduct rules for New York, effective April 1, 2009. The Rules of Professional Conduct, which will replace the existing Disciplinary Rules, introduce a number of important ethics changes for New York lawyers and are set forth in a new format and numbering system that are based on the ABA Model Rules...."

Complete Press Release

The new Rules of Professional Conduct are available at www.nycourts.gov/rules/jointappellate/


November 21, 2008

U.S. Federal Register Announces Launch of New Electronic Public Information Desk

The Federal Register has announced the launch of a new Electronic Public Information Desk to Provide free public access to public documents.*

To view these documents, go to www.federalregister.gov (link opens in a new window). See “View Documents on Public Inspection" (link opens in a new window) on the left hand side. This new desk grants the public access to documents that will be published in the next day’s Federal Register as early at 8:45 a.m. EST. Previously, such documents could only be seen by viewing the documents physically located at the Office of the Federal Register in Washington, DC.

See Press Release at: http://www.archives.gov/press/press-releases/2009/nr09-06.html
_____________________________________
*Thanks to Linda Defendeifer, Research Analyst at Hogan & Hartson in Washington, DC for providing this information.

September 9, 2008

Documents: Takeover of Fannie Mae and Freddie Mac

From: Gallerywatch.com September 9, 2008.

Through our Gallerywatch Documents subscription service we are poviding the following selection of documents regarding the government takeover of Fannie Mae and Freddie Mac. We hope you will find them of interest:

Selected Documents

Additional Information:

Q&A: Fannie Mae and Freddie Mac, prepared by Adhip Chaudhuri, Economic Analyst

What are the Origins of Freddie Mac and Fannie Mae? by Robert Alford

The Future of Fannie Mae and Freddie Mac, David Wessell, Econimics Editor of the Wall Street Journal and Renee Montagne, NPR.

September 2, 2008

Lawyers: Gonzales Mishandled Classified Information

The Associated Press

"Former Attorney General Alberto Gonzales mishandled highly classified notes about a secret counterterror program, says a memo by his legal team, which touches on one of the most contentious episodes of high-level infighting in the Bush administration's war on terror. The memo acknowledges that Gonzales improperly stored notes about the program and might have taken them home at one point. Removing secret documents from specially secured rooms violates government policy."

Findlaw has provided a link to the actual Report:

July 28, 2008

U.S. Department of Justice - Allegations of Politicized Hiring

An Investigation of aAllegation of Politicized Hiring by Monica Gooding and Other Staff in the Office of the U.S. Attorney General, July 28, 2008.

To see entire Report in pdf format click here.

June 19, 2008

Codes Rules and Regulations of the State of New York (NYCRR), Sections Affected

Register Citations from 8-1-07 to 6-11-08 (Cumulative)

The following citator compiled by James R. Sahlem, Principal Law Librarian of the New York Supreme Court at Buffalo, is intended to “fill the gap” in NYCRR, both print and electronic format. It covers the most recent ten-month period. It is designed to be printed and stapled and left at the end of your NYCRR or retained in e-format as a back-up to electronic research. Hopefully, this will demonstrate that the long-standing NYCRR gap problem can be cured. I will be providing twice-monthly cumulative updates. Those familiar with the CFR- LSA will have a good analogy.


PROCEDURE

Simply locate the pertinent title and section and consult this citator under that same title and section. If there is no entry, the reg has not been changed during the “gap” period. If an entry is found, it will be either a proposal “P”, or an action. Actions may include additions “Ad”, amendments “Am”, repeals “Rep”, re-numberings “Ren”, or combinations. “E” designations are emergency actions. Actions will have an effective date provided in the second-last column, while proposals will not. Those actions having effective dates earlier than their register publication are in bold . The last column will give the register reference by date and (in parentheses) the page on which it appears. Register pages are available at www.dos.state.ny.us/info/register.htm
.
This attachment may be forwarded freely to anyone who might benefit from it. Questions may generally be resolved by examining the New York Register entry referred to in the last column. Failing that, questions, comments or suggestions may be forwarded to jsahlem@courts.state.ny.us. Sections are arranged to the level of section and subsection only; lower level references are given in the adjoining column, in chronological order. Only register references which impact a specific NYCRR title and section are included; table references, rate schedules, waiver requests, etc. are not included.

NYCRR Sections Affected June 2008 # 2


June 2, 2008

Women in International Regularory Law Symposium

Challenges in International Security

"A Symposium to Showcase Senior Women in the Fieldl

June 18, 2008

National Museum of Women in the Arts

1250 New York Ave. N.W.

Washington, DC

For more information, please contact WIRL@TRACEinternational.org .