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Michael Emory Clark

Michael Clark’s Legal Cases

4 total

  • United States v. Reliant Energy, et al. (N.D. Cal.) (2007)

    Practice Area:
    White Collar Crime
    Date:
    Feb 01, 2007
    Outcome:
    Deferred Prosecution Agreement
    Description:
    This prosecution was one of several actions arising from the collapse of the deregulated California energy markets during the energy crisis of 2000-2001. The government's theory involved a novel application of the Commodities Exchange Act. After a lengthy process, including an unsuccessful appeal by the government to the U.S. Court of Appeals for the Ninth Circuit as to a pretrial ruling, the case was resolved when, on the eve of trial following the remand, the government's offered deferred prosecution agreements to all defendants. For additional details, see RESISTING ARREST: Reliant Energy insisted that they hadn’t committed a Crime during the California Blackouts. Turns out They were Right, THE AMERICAN LAWYER (Nov. 8, 2007)
  • United States v. Ho, et al. (S.D. Tex)

    Practice Area:
    White Collar Crime
    Outcome:
    See below
    Description:
    This case involved an environmental prosecution under the Clean Air Act for violations of the asbestos regulations. Following a successful pretrial Daubert challenge to the methodology of the government's designated medical expert, the most serious charge (Knowing Endangerment) was abandoned. Following conviction on two regulatory counts, and acquittals or dismissals on other charges, the case has been appealed three times and resulted in a published decision (United States v. Ho, 311 F.3d 589 (5th Cir. 2002), cert. denied, 123 S.Ct. 2274) (aff'g decision and remanding for resentencing) and an unpublished decision (United States v. Ho, 132 Fed.Appx. 560, 2005 WL 1287414 (5th Cir. 2005)) (rev'g and remanding for resentencing).
  • Texas Ass’n for Home Health Care et al. v. United States (N.D. TX)

    Practice Area:
    Health Care
    Outcome:
    Preliminary Injunction Denied
    Description:
    This civil action was filed on behalf of the Texas Association for Home Health to enjoin the government’s implementation of Health and Human Services (HHS) regulations for the revised per-visit limits of the interim payment system (IPS) for paying home health care agencies under Medicare Act and for the new per-beneficiary limit of the IPS. Judge Sanders ruled for the United States in a published decision. See Texas Ass’n for Home Health Care et al. v. United States (N.D. Tex) (Jan. 1999) (Sanders, J.) See also Greater Dallas Home Care Alliance v. United States, 10 F. Supp. 2d 638 (N.D. Tex. 1998).
  • United States v. Russo et al. (S.D. Tex)

    Practice Area:
    White Collar Crime
    Date:
    Dec 01, 2004
    Outcome:
    See below
    Description:
    I was the lead federal prosecutor for this three-month long bank fraud trial in which the lead defendant and an attorney were convicted, but the attorney's son acquitted. The Fifth Circuit decision affirming the convictions is United States v. Piperi, 101 F.3d 697 (5th Cir. 1996) (unreported) which I argued for the government. The trial was covered by the Houston Press in a lengthy article, available at www.houstonpressccom/1994-12-01/news/the-trial-of-joe-russofull