Criminal Law

Nacchio Conviction Reversed
Former Qwest CEO Joe Nacchio’s conviction for insider trading has been reversed and remanded for a new trial by the 10th Circuit in an opinion available here.  Congratulations to Jay Brown, for having correctly predicted the outcome and the grounds on which the trial court was reversed...

Nacchio Conviction Reversed, Remanded for New Trial
The 10th Circuit Court of Appeals reversed the conviction of Joseph Nacchio, former CEO of Qwest Communications, for insider trading. Nacchio was convicted last April on 19 counts of insider trading and sentenced to six years in prison...

US v. Nacchio (En Banc): The Defendant Speaks (In A Churlish Matter)
In a prior post, we noted that the Government was a bit churlish for throwing back at Herbert Stern, counsel for Defendant Joe Nacchio, quotes from one of his publications suggesting that he understood the need to request a hearing...

The Appeal of Joe Nacchio: The En Banc Hearing
Today is the en banc oral argument in the appeal of Joe Nacchio. The Byron White US Courthouse will open at 12:30, with the proceeding beginning at 1:00 pm. Seating (unless you have press credentials) is on a first come, first served basis...

Nacchio Conviction Reversed, As Predicted
The appeal of Joe Nacchio came out today.  The opinion is posted on the 10th Circuit web site, the panel reversing only on procedural grounds, the trial judge's exclusion of an expert witness without a hearing having been reversible error...

Conviction of Qwest's Nacchio reversed on appeal, could Enron's Skilling be next
Though technically not about sentencing, it is relevant to the white-collar sentencing world that (according to this WSJ report), "the U.S. Court of Appeals for the 10th Circuit in Denver has ordered a retrial of former Qwest head Joseph Nacchio...

Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin. The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...