The court’s reasoning that the concern for possible impending litigation must be the “primary motivation” of an internal investigation for the work product privilege to protect investigation materials is something rarely seen.
It would be comforting to learn that it was only a lack of resources and poor leadership at the top that explains why the SEC blew so many opportunities to uncover Madoff’s larcenous scheme, but there’s more.
Although the choice of the magic sentencing number of 150 years — as opposed to 30 years or 50 years or 100 years — really means very little to Bernie Madoff, it could end up meaning a lot to the government and to some future defendants as a new white-col
What does the taxpayer owe these victims? (Because, since the SEC, as a government bureaucracy, isn’t a moneymaker, we’ll be picking up the bill here.) Sorry: Nothing.
At the beginning of the year, after it missed cues for seemingly everything from the massive Madoff Ponzi scheme to the credit crisis, the SEC was being written off as all but dead. But the Obama plan would give the SEC more clout, not less.
After hearing the various parties, the judge presiding over the sentencing hearing will explain his legal analysis for the sentence and then announce the terms of the punishment. Here is a thumbnail of what is likely to occur.”