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Topic: Independent Counsel

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The special investigative counsel shall not base a determination under this chapter that information with respect to a violation of criminal law by a person is not specific and from a credible source upon a determination that the person lacked the state of mind required for the violation of criminal law.
In defining the independent counsel's prosecutorial jurisdiction, the panel shall assure that the independent counsel has adequate authority to fully investigate and prosecute the subject matter with respect to which the special investigative counsel has requested the appointment of the independent counsel and all matters related to that subject matter.
An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures within 90 days of the date on which the office is terminated.
members.aol.com /DKM1/18.Cp.93.html   (3963 words)

 AllPolitics - The Independent Counsel Act - March 27, 1997
An independent counsel may ask the Attorney General or the division of the court to refer to the independent counsel matters related to the independent counsel's prosecutorial jurisdiction, and the Attorney General or the division of the court, as the case may be, may refer such matters.
An independent counsel shall comply with the established policies of the Department of Justice respecting expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of this chapter.
An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures on or before the date that is 90 days after the date on which the office is terminated.
www.cnn.com /ALLPOLITICS/1997/03/27/indep.counsel.act   (5023 words)

 B-302582, Special Counsel and Permanent Indefinite Appropriation, September 30, 2004
As you are aware, the authority to appoint independent counsels pursuant to the provisions of 28 U.S.C. et seq.
The alleged violation that Special Counsel Fitzgerald is investigating involves the rank and level of government official that clearly would have been within the scope of the expired independent counsel law and the investigation of which could have been funded by the permanent indefinite appropriation.
The independence conferred by the delegation of authority to Special Counsel Fitzgerald from the Department of Justice is consistent with a fair reading of the independence required of an "independent counsel" appointed under "other law." Finally, Part 600 regulations do not have the force and effect of law and may be waived by the Department.
www.gao.gov /decisions/appro/302582.htm   (2743 words)

 Report and Recommendations for the Project on the Independent Counsel Statute   (Site not responding. Last check: 2007-10-19)
On the bedrock issue of independence, we recommend that the grant of independent authority to special counsel be essentially that provided in the Watergate Special Prosecution Force regulation, as strengthened and carried forward in the Act and the Department of Justice's current independent counsel regulations.
The regulation subsequently established authority for independent counsel who were appointed by the Attorney General during a lapse in the Act, as in the case of the first Whitewater independent counsel, Robert Fiske, or when the Act was otherwise inapplicable.
Independence is indispensable to resolving the conflict of interest that underlies the appointment of special counsel, however they may be denominated.
www.brookings.edu /gs/ic/report/rptfull.htm   (12647 words)

 SEC Speech: The Independent Counsel Requirement of the Fund Governance Proposal (P. Carey)
Given this environment, independent counsel is a vital element in safeguarding the independence and integrity of the decision-making process of independent directors.
Any independent director who serves on a fund board and understands the importance of his or her role should view independent counsel as a condition for serving as a director -- just as one would not serve on a board without DandO liability insurance.
Independent directors often seek counsel’s advice, for example, during the 15(c) process, on the standards and considerations that apply to the setting of the management fee to be paid to the fund’s adviser, and the level of 12b-1 fees to be paid by the fund and the allocation of fund brokerage commissions.
www.sec.gov /news/speech/spch423.htm   (1967 words)

 Untitled Document
The Independent Counsel Statute calls for a prosecutor to be appointed by a three-judge panel that is, in turn, chosen by the Chief Justice of the Supreme Court.
The independent counsel is accountable to the attorney general, the court reasoned; it is largely restricted to investigative chores and is temporary.
The independent counsel law may be susceptible to an abuse of power, it may play host to partisan political battles, and it may violate the constitutional rights of individuals and invade the separation of governmental powers.
www.crf-usa.org /impeachment/independent.html   (2499 words)

 Office of the Independent Counsel - dKosopedia
United States Office of the Independent Counsel was an independent prosecutor — distinct from the Attorney General of the United States Department of Justice — that provided reports to the Congress under Title 28 of the United States Code, Section 595.
The Office of the Independent Counsel is not to be confused with the U.S. Office of Special Counsel (OSC) which is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority come from three federal statutes, the Civil Service Reform Act, the Whistleblower Protection Act, and the Hatch Act.
Independent Counsels Kenneth Starr, and Robert Ray relating to the Whitewater scandal, and later the Monica Lewinsky affair, 1994-2001
www.dkosopedia.com /wiki/Office_of_the_Independent_Counsel   (599 words)

 IRMI - Coverage Disputes Give Rise to "Independent" Counsel
The term "independent counsel" means those situations in which an insured is entitled to select his counsel and control the defense because of the existence of a specific type of a conflict of interest with the insurer.
The insured's defense counsel would not, under the foregoing circumstances, be able to reduce the insurer's liability by the manner in which he or she defended the lawsuit.
The reason there is no conflict of interest is that the defense counsel could not be in a position to move the case toward coverage or noncoverage by the conduct of the defense.
www.irmi.com /Expert/Articles/2005/Cooper06.aspx   (2804 words)

The Attorney General shall not base a determination to decline the appointment of an independent counsel upon the state of mind of the target unless there is a preponderance of evidence that the target lacked the requisite criminal intent.
The independent counsel shall have the authority to fully investigate and prosecute the subject matter of the appointment and all matters directly related to the prosecutorial jurisdiction and the proper investigation of the subject matter.
The independent counsel shall notify the Attorney General when the matters within the prosecutorial jurisdiction have been completed, or completed to the point that it would be appropriate for the Department of Justice to complete those investigations.
www.senate.gov /~gov_affairs/specter_lieberman_outline.htm   (2133 words)

 The Independent Counsel
There were eight independent counsel investigations of the Reagan administration, during which the Democratic Congress used the statute to undercut the authority of the executive branch.
However, the independent counsel was instructed to investigate a particular individual and find any crimes he or she may have committed, not just the most serious crimes or the crimes he or she was appointed to investigate.
With the expiration of the Independent Counsel Act, the Attorney General is once again responsible for appointing and overseeing special prosecutors to investigate high-level government officials.
www.infoplease.com /spot/indepcounsel1.html   (1734 words)

 Kenneth Starr - Wikipedia, the free encyclopedia
Prior to his appointment as Independent Counsel, Starr had been a federal judge on the D.C. Circuit Court of Appeals from 1983 to 1989 and was United States Solicitor General from 1989 to 1993 under President George H. Bush.
Although Starr and other independent counsels were later criticized as unaccountable and unstoppable, the statute gave the Attorney General and the Special Division the authority to remove an independent counsel, and the Special Division used it in at least one instance.
The report agrees with the findings of previous independent counsel Robert Fiske that Foster indeed committed suicide at Fort Marcy Park, and that his suicide was caused primarily by undiagnosed and untreated depression.
en.wikipedia.org /wiki/Kenneth_Starr   (1878 words)

 Independent Counsel Reform Act of 2003
To re-establish and reform the independent counsel statute.
`(ii) all matters that are directly related to the independent counsel's prosecutorial jurisdiction and the proper investigation and prosecution of the subject matter of such jurisdiction.
`(2) involves the exercise of the independent counsel's official duties, regardless of whether the independent counsel is still serving in that office.'.
www.theorator.com /bills108/s1712.html   (5207 words)

 Office of Independent Counsel David M. Barrett
IN RE HENRY G. This is the website of the Office of Independent Counsel in the investigation and prosecutions involving matters relating to former Secretary of Housing and Urban Development Henry G. Cisneros.
On October 24, 2005, the Special Division granted the Independent Counsel's motion to publish his Final Report to the extent of the material concerning the investigation of Secretary Cisneros and persons associated with him.
The publication order and accompanying opinion denied the motion as to the publication of material relating to the Independent Counsel's "investigations of alleged obstructions of justice and tax-related matters" found in Section V of the Report.
barrett.oic.gov   (654 words)

 The Devil's Advocate -- Independent Counsel: Bridging the Legal Management Gap
Independent Counsel bridges the legal management gap by performing some of the functions of in-house counsel, as needed.
We are also independent of the law firms we manage, while an outside general counsel (employed by a law firm) usually is not.
Long-term Independent Counsel services are well-suited to monthly retainers starting at $1,000 per month or flat fees.
www.devilsadvocate.com /indcouns.html   (506 words)

 SEC Letter Addresses Institute's Independent Legal Counsel Questions, February 2002
The letter asserts that the rule itself answers the question regarding the inadvertent loss of reliance on the exemptive rules where the independent directors discover that their counsel performed work for a management organization or its affiliates.
Therefore, according to the letter, counsel's failure to fully inform the directors about the existence or extent of a conflicting representation would not invalidate the directors' determination or compromise reliance on the exemptive rules.
In closing, the letter expresses the staff's intent to monitor implementation of the independent counsel provision and notes that the fund governance rules will be considered in the context of the planned comprehensive review of all SEC regulations.
www.ici.org /issues/dir/arc-reg/02_sec_ind-counsel_letter.html   (436 words)

 Online NewsHour: Independent counsel -- January 26, 1998
Joseph DiGenova was the U.S. attorney during the Reagan administration and was appointed independent counsel to investigate former Bush officials in the Clinton passport matter.
The law defines a set of people, cabinet secretaries, top White House aides, and the like, who are subject to investigations by independent counsel, but an independent counsel can only be appointed at the initiative of the attorney general if she believes there's evidence that warrants the appointment of one.
Then Kenneth Starr, the independent counsel, was asked to investigate the so-called Travelgate episode, which really wasn't related to it, and went to the attorney general and asked for more jurisdiction to do that, and she concurred.
www.pbs.org /newshour/bb/white_house/jan-june98/counsel_1-26.html   (2517 words)

 United States Office of the Independent Counsel - Wikipedia, the free encyclopedia
United States Office of the Independent Counsel was an independent prosecutor — distinct from the Attorney General of the United States Department of Justice — that provided reports to the Congress under 28 U.S.C. Contents
The most recently appointed and now dormant Office of the Independent Counsel was created to investigate the death of Vincent Foster, Whitewater and Monica Lewinsky scandals, among other prosecutions.
Independent Counsels Kenneth Starr, and Robert Ray relating to the suicide of Vince Foster, Whitewater scandal, and later the Monica Lewinsky affair, 1994-2001
en.wikipedia.org /wiki/Office_of_the_Independent_Counsel   (648 words)

 [No title]
Assistant Counsel Lee kicked the foot of interviewee Choi during the examination of the case of Nonghyup’s 11.5 billion-won scam loan.
Reno went on to explain the difference between her ability to appoint independent counsel for covered and non-covered individuals.
She told America that on covered persons she had no choice but to appoint an independent counsel when she has evidence of the commission of a crime.
www.lycos.com /info/independent-counsel-law--miscellaneous.html   (409 words)

 Final Report of Independent Counsel Donald C. Smaltz In Re:  Alphonso Michael (Mike) Espy   (Site not responding. Last check: 2007-10-19)
The Independent Counsel Statute, which limits the scope of preliminary DOJ inquiries, in particular prohibiting the use of compulsory process, was not then in effect, but DOJ nevertheless adhered to the statute's restrictions.
In fact, the IC [independent counsel] statute has been in the past and is today a force for governmental integrity and public confidence.
An Independent Counsel has authority to obtain immunity for witnesses and to consult with the United States Attorney in the district where crimes were allegedly committed.
www.gpo.gov /oic   (15931 words)

 Support for Independent Counsel Law Decreases
The Independent Counsel Act was supposed to take politics out of the investigation process.
Under the law, if the attorney general finds sufficient evidence, he or she is required to ask a panel of three federal judges to appoint an independent counsel.
And Republicans still have bad memories of independent counsel Lawrence Walsh's seven-year, $37 million investigation of President Reagan and the Iran-Contra affair.
www.suite101.com /article.cfm/us_congress/16766   (518 words)

 [No title]
Whatever you may think about the charges that Starr was asked to probe, or about the investigations themselves, the demise of the independent counsel law was a welcome event.
The law had proved a classic case of reform gone awry, and when the time came to legislate its extension in 1999, few in Congress were willing to speak on its behalf.
AP 2/28/00 Pete Yost "…..The independent counsel investigating Labor Secretary Alexis Herman has charged a Singapore businessman with making $200,000 in illegal contributions to the Democratic Party through two U.S. businesswomen with ties to the labor secretary.
www.lycos.com /info/independent-counsel-law.html   (424 words)

 Removal of Kenneth Starr as Independent Counsel   (Site not responding. Last check: 2007-10-19)
The aforesaid statutory section provides: "An independent counsel appointed under this chapter may be removed from office.
As you know, subsection 5 of section 594 of the independent counsel statute provides that enforcement of this conflict of interest section falls not only to you as Attorney General but also to Stephen D. Potts as Director of the Office of Government Ethics.
Additionally, I hereby provide a copy of this request to Judge Starr and to the three-judge Special Division for the Independent Counsel of the U.S. Court of Appeals as an exhibit to a motion to the Special Division asking that this request be appended to any report issued or to be issued by the OIC.
www.newsmax.com /articles/?a=1999/2/5/181443   (983 words)

 Court TV Legal Documents: Order Appointing Independent Counsel Kenneth Starr
The Independent Counsel shall have jurisdiction and authority to investigate other allegations or evidence of violation of any federal criminal law, other than a Class B or C misdemeanor or infraction, by any person or entity developed during the Independent Counsel's investigation referred to above and connected with or arising out of that investigation.
The Independent Counsel shall have jurisdiction and authority to investigate any violation of 28 U.S.C. Section 1826, or any obstruction of the due administration of justice, or any material false testimony or statement in violation of federal criminal law, in connection with any investigation of the matters described above.
The Court, having reviewed the motion of the Attorney General that Robert B. Fiske, Jr., be appointed as Independent Counsel, has determined that this would not be consistent with the purposes of the Act.
www.courttv.com /legaldocs/government/whitewater/starr_appt.html   (456 words)

 United States Congress   (Site not responding. Last check: 2007-10-19)
House Document 105-311 (Appendices to the Referral to the United States House of Representatives Pursuant to Title 28, United States Code, Section 595(c) Submitted by the Office of Independent Counsel) Report are available in PDF format.
House Document 105-316 (Supplemental Materials to Referral to the United States House of Representatives Pursuant to Title 28, United States Code, Section 595(c) Submitted by the Office of Independent Counsel) Report is available in PDF format.
The Independent Counsel's Report to the United States House of Representatives also may be ordered by phone (202-512-1800, 8 a.m.
www.gpo.gov /congress/icreport   (431 words)

 An independent counsel? Not again! - By Timothy Noah - Slate Magazine
Incredibly, Sen. Joe Lieberman, a candidate for the Democratic presidential nomination, is calling for a reinstatement of the independent counsel statute.
The independent counsel law was allowed to expire in 1999 amid rare consensus between Democrats and Republicans that the runaway prosecutions it encouraged had become a dangerous partisan weapon.
The history of the independent counsel's office is largely a tale of chickenshit prosecutions.
www.slate.com /id/2089079   (1121 words)

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