White Collar Watch - July 2012


In This Issue:

- Supreme Court Makes It More Difficult for Judges to Impose Sizable Criminal Fines pages 1 - 2

- Does “Hidden” ESI Meet the Government’s Burden of Producing Evidence in “Reasonably Usable” Form? Or Is It Pie-in-the-Skype? pages 2 - 4

Excerpt from Supreme Court Makes It More Difficult for Judges to Impose Sizable Criminal Fines:

In its just completed term, the Supreme Court limited the power of judges to enhance criminal fines in Southern Union Co. v. United States. Southern Union Co. had been convicted for storing liquid mercury without a permit in violation of the Resource Conservation and Recovery Act of 1976 (“RCRA”), a felony punishable by a fine of $50,000 for each day of the violation. The district court determined that the maximum fine was $38.1 million based on a storage period of more than two years as alleged by the indictment, but imposed a lesser fine of $6 million, plus a “community service obligation” of $12 million.

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Saul Ewing LLP | Attorney Advertising

Written by:


Saul Ewing LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.