Regulatory Information

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

by David Badertscher

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:

July 29, 2009

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

by David Badertscher

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

by David Badertscher

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:

April 3, 2009

Social Security Administration: Fugitive Felons Serving As Representative Payees

by David Badertscher

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

by David Badertscher

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)

by David Badertscher

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

January 29, 2009

New York: Significant Change in the Rules of Professional Conduct

by David Badertscher

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

by David Badertscher

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.”

December 18, 2008

New Rules of Professional Conduct for New York Attorneys Announced

by David Badertscher

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