NACDL's 5th White Collar Criminal Defense College at Stetson

NACDL's 5th White Collar Criminal Defense College at Stetson

UNIVERSITY OF HOUSTON ENVIRONMENTAL PRACTICU M APRIL 17, 2017 DAVID GERGER QUINN EMANUEL URQUHART & SULLIVAN, LLP 95

% NO NO NO NO

NO NO NO N NO

NO NO N NO NO ON NO

NO NO O NO N O NO NO

NO N NO NO NO

NO YES 5 TASK FORCE

7 USA V. BOB KALUZA & DON VIDRINE NOT INVOLVED IN DRILLING OF MACONDO WELL WORKED ON STOPPING FLOW OF OIL AFTER

THE SPILL USA V. KALUZA & VIDRINE 11 men died; 22 counts of manslaughter 11 counts Involuntary Manslaughter (18 U.S.C. 1112) applies to all persons but requires reckless disregard for human life

11 counts Seamans Manslaughter (18 U.S.C. 1115) applies to specific persons but requires only ordinary negligence 10 SEAMANS MANSLAUGHTER

Cpt, Pilot, Engineer, or other person employed Moved to dismiss on ejusdem generis: general words following specific words mean to include objects similar to the preceding specific words District Court dismissed and Fifth Circuit

affirmed. That left 11 counts of Involuntary Manslaughter and 1 Clean Water Act 11 PROSECUTORIAL DISCRETION Involuntary Manslaughter (1112) requires

reckless disregard for human life We asked new DOJ Fraud Section Chief and trial prosecutors to reconsider/reinvesitgate DOJ did & dismissed these manslaughter charges 12 USA V. KALUZA: TRIAL ON CWA COUNT

Negligent water pollution is a misdemeanor Don Vidrine pled guilty for probation Bob Kaluza went to trial in February 2016 13

KEY POINTS DURING TRIAL 1. WE GOT INDIVIDUAL VOIR DIRE 2. THE BLESSING (A ROADMAP) AND THE CURSE

(BIAS) OF EARLIER CIVIL REPORTS/LITIGATION 3. LITIGATION OVER WHETHER EMAILS ARE BUSINESS RECORDS: THEY ARENT NECESSARILY KEY POINTS DURING TRIAL CONT.

5. CO-DEFENDANT VIDRINE PLED GUILTY TO TESTIFY AGAINST US BUT ALSO HELPED US: ON CROSS, WE MOVED TO EXCLUDE HIS PLEA/DEAL & TRIED TO PUT THE JURY BACK IN TIME TO BEING ON THE RIG THAT NIGHT. 6. OUR CLIENT DID NOT TESTIFY LIVE BUT HE DID BY RECORDED STMT TO USCG Defense Demonstrative

If the well doesnt flow Its not gonna blow. VERDICT? SLOW DOWN

"You've looked through Dr. Evans' charts?" (yes) And he always recorded the patients' prior injuries and medical problems, didn't he?" (Yes) "You've looked through Dr. Evans'

charts?" (yes) And he always recorded the patients' prior injuries and medical problems, didn't he?" (Yes) Defendants lose in the film Deepwater

Horizon 23 31 Annual National Institute on White Collar Crime Miami, FL March 8, 2017 st

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