McNabb in the News (4-17-06)

Senior Principal Douglas McNabb has been quoted in a Las Vegas Review-Journal article about Clark County Commissioner Erin Kenny, who is facing less than four years in prison for taking bribes.

Douglas McNabb, a (n)... attorney who specializes in white-collar federal cases, explained that targets of federal criminal investigations such as Kenny sometimes offer to "proffer" information about other illegal acts to the government when they are considering cooperating with authorities against other targets. In exchange, the government agrees not to prosecute them for giving up this information.

"It's basically, 'Anything I tell you that you don't know about, you can't use directly against me,'" McNabb said. "But they can use it to go after others."

Although Kenny has not been charged for accepting an illegal payment from Davidson, the developer was indicted last year on charges related to bribing Kenny.

"If she disclosed that information to the government under a proffer letter, then they don't charge her and it can't be used at sentencing to increase her sentence," McNabb said. "They could've also worked out a deal not to go after her assets."

…

McNabb, the ... legal expert, said it is more likely Kenny will receive a fine between $100,000 and $150,000.

"This lady got in fairly early in the process and has provided a substantial amount of information and assistance to the government," McNabb said.

…

But it does not appear government tax collectors intend to pursue civil action against Kenny. The statute of limitations for IRS auditors to go after Kenny is three years.

McNabb said the clock started ticking under that statute of limitations when Kenny signed her plea agreement in May 2003, meaning only weeks remain for authorities to pursue a civil case.^[1]

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[1] Mike Kalil, Political Corruption Trial: Plea Deal’s Message Criticized, Las Vegas Review-Journal, Apr. 16, 2006.