Law Commons^™

Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin

Research Collection Yong Pung How School Of Law

While there have been many legal studies of the European Union Emissions Trading Scheme (EU ETS), none seem to have considered the EU ETS from the perspective of private law, particularly the private law issues that stem from the ambiguous legal nature of the 'carbon credit'. Such ambiguity translates into regulatory uncertainty and business risks of the sort that occurred in Armstrong DLW GmbH v Winnington Networks Ltd [2013] Ch 156, an English case involving fraud and 'stolen' European Union Allowances (EUAs). From an environmental law and policy perspective, uncertainty does not bode well for the EU ETS's regulatory effectiveness …

Global Aerospace Inc., Order On Motions For Sanctions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Jay Ordan, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Profile In Public Integrity: Jack Blum, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Jack Blum is a Washington lawyer who is an expert on white-collar financial crime and international tax evasion. He spent fourteen years as a staff attorney with the Senate Antitrust Subcommittee and the Senate Foreign Relations Committee.

Blum played a central role in the Lockheed Aircraft bribery investigation of the 1970's – which led to the passage of the Foreign Corrupt Practices Act – and in the investigation of the Bank of Credit and Commerce International (BCCI). Blum has been a consultant to the United Nations Centre on Transnational Corporations, the United Nations Office of Drug Control and Crime Prevention, …

The Conviction Of Former New York State Assembly Leader Sheldon Silver, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Sheldon Silver is the former Democratic Speaker of the New York State Assembly, a post he held from 1994 until January 2015. He represented Manhattan’s Lower East Side from 1976 until November 30, 2015, when he was convicted on four counts of honest-services fraud, two counts of extortion and one count of money laundering.

New Jersey's "Bridgegate" Scandal, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

From September 9-13, 2013, officials of the Port Authority of New York and New Jersey shut down access lanes of the George Washington Bridge between New Jersey and New York City for a "traffic study" that gridlocked the small city of Fort Lee, New Jersey for hours each day. In the following weeks, evidence emerged of political motives behind the bridge closure, spurring federal prosecutors to announce an investigation in January 2014. On May 1, 2015, Paul Fishman, U.S. Attorney of New Jersey, charged that two defendants illegally closed the bridge to punish Fort Lee's mayor for refusing to endorse …

The Fifa Corruption Charges, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The Fédération Internationale de Football Association (FIFA) is the global governing body for soccer, the world’s most popular sport. A Swiss-based nonprofit, FIFA has long been criticized for a culture of impunity and corruption, most prominently in connection with the World Cup host-country bidding process.

Profile In Public Integrity: Marjorie Landa, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Marjorie Landa is the Deputy Comptroller for Audit at the Office of the New York City Comptroller. Previously, Landa served as Deputy Commissioner for Legal Affairs to the New York City Department of Investigation. There, she counseled the agency on legal issues including criminal and civil procedure, conflicts of interest, forfeiture and restitution, and the agency’s unique legal authority. Prior to that, Ms. Landa was Deputy Chief in the New York City Office of the Corporation Counsel, Affirmative Litigation Division. In that capacity she served as lead counsel in high-profile cases including fraud, civil RICO, False Claims Act, intergovernmental funding, …

The Sheldon Silver Case, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Sheldon Silver was the Speaker of the New York State Assembly from 1994 until January 28, 2015. He represents Manhattan's Lower East Side as a Democrat, which he has since 1976.

The federal criminal complaint charges that Silver, since 2000 or earlier, "us[ed] the power and influence of his official position to obtain for himself millions of dollars of bribes.” In the complaint, the U.S. Attorney for the Southern District of New York (who has jurisdiction over Manhattan), outlines $4 million in illicit funds disguised as outside income. Allegedly, Silver took kickbacks from various parties for whom he secured state …

Profile In Public Integrity: Daniel E. Karson, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Daniel E. Karson is Chairman of Kroll, based in the New York office. Dan has more than 40 years’ experience directing investigations of business crimes. His practice areas include major fraud investigations, the Foreign Corrupt Practices Act, litigation support, contests for corporate control, Internet crimes, financial crimes, asset searches, product counterfeiting and due diligence.

Dan launched Kroll’s European operations, opening its London office and serving as its first Managing Director in 1986. Dan also opened Kroll offices in Boston and Philadelphia, and served as Kroll’s General Counsel for eleven years.

Prior to joining Kroll, Dan was General Counsel and Assistant …

Profile In Public Integrity: John Hyland, Jr., Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

John Hyland has been a Senior Legal Advisor with the Asset Forfeiture and Money Laundering Section (AFMLS) of the U.S. Department of Justice since 1992. His duties include reviewing money laundering prosecution memoranda and indictments, consulting with attorneys and special agents about asset forfeiture and money laundering cases investigations and indictments, representing the Criminal Division at agency undercover case reviews, helping analyze evidence of financial crimes, and lecturing on asset forfeiture and money laundering topics. Previously, Mr. Hyland worked in private practice in the Washington area for 12 years. He also served as an assistant U.S. attorney for the District …

Legal Malpractice In International Business Transactions, Vincent R. Johnson

Faculty Articles

International business transactions are often unavoidably linked to specialized areas of law. Lawyers increase their risk of committing legal malpractice when representing international clients in business transactions because they may find themselves in a precarious position by accepting work they are inexperienced to perform. Moreover, a client may expand into international waters and their lawyer may not be cognizant of the legal consequences. While malpractice may be asserted through negligence, fraud, breach of contract and other failures of standard of care, failure to know the law is no excuse. However, the standard of care depends on whether the defendant acted …

Culpability And Modern Crime, Samuel W. Buell

Faculty Scholarship

Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes of others. Examples include modern understandings of fraud, extortion, and bribery, which pivot on the concepts of deception, coercion, and improper influence. Sometimes core offenses develop to include similar concepts, such as when reforms in the law of sexual assault make consent almost exclusively material. Many of these projects are laudable. But progressive programs in substantive criminal law can raise difficult problems of culpability. Modern iterations of criminal offenses often draw lines using concepts involving relative mental states among persons whose conduct is embedded …

Expanding The Ponzi Scheme Presumption, David R. Hague

Faculty Articles

Ponzi schemes and other investment frauds inevitably end up in bankruptcy or receivership, leaving behind numerous victims—many of whom invested their life savings in the scheme without any knowledge of its fraudulent nature. Although trustees and receivers can sometimes recover some of the fraudulently acquired funds from the assets of the perpetrators, in most cases, those assets fall woefully short of the victims’ losses. This leads to fraudulent transfer lawsuits (claw-back actions) against those who are suspected to have profited from the wrongdoing.

A transfer is fraudulent if it was made with the actual intent to defraud, but actual fraud …