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'Simple' Statute and 'Affirmative Defense' Lead to Another Dismissed Indictment
Adding to the long list of failed prosecutions, which have been the subject of many prior articles in this newsletter, the United States District Court for the District of Maryland dismissed an indictment against Lauren Stevens, former in-house counsel for GlaxoSmithKline (GSK). Stevens was the lawyer responsible for certifying and supervising document production for a subpoena issued by the Food and Drug Administration (FDA). She was charged with (among other counts) concealment of documents, in violation of 18 U.S.C. ' 1519.
In U.S. v. Stevens, 2011 WL 1033707, (D. Md. Mar. 23, 2011), the prosecution was upended (at least temporarily) by an “affirmative defense,” that proved to be something quite different. The court held that prosecutors failed to properly instruct the Grand Jury about the significance of the legal advice Ms. Stevens obtained when supervising and certifying the document production. The error led to dismissal of the indictment.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.