E. Bart Daniel
Publications
Bart has authored several publications including Computer and Intellectual Property Crimes 1 (2003), Health Care Fraud and Collateral Consequences2, published by the South Carolina Bar (2001); Environmental Crimes and Corporate Liability3, 2nd Edition, published by the South Carolina Bar (1993)(1997); State and Federal Tax Crime4(1996); Federal Environmental Crimes, South Carolina Lawyer (May/June 1993); Defending White Collar Crimes, South Carolina Bar 1992 and Defending Environmental Crimes, South Carolina Chamber of Commerce (1992).
Bart returned to private practice in March 1992 where he has been active in white collar, environmental and business litigation. Bart recently served as Special Counsel to the Governor, conducting an internal investigation into allegations of public corruption and influence peddling in state government.
Bart served as Lead Counsel for the S.C. House of Representatives before a Three-Judge Federal Panel in the recent trial involving reapportionment and the drawing of district lines.
Bart is currently handling several substantial Qui Tam or "whistleblower" cases in U.S. District Court for the district of South Carolina.
1. Computer and Intellectual Property Crimes: In 2003, Bart co-authored a book entitled Computer and Intellectual Property Crimes, published
by the South Carolina Bar. The book was described by the South Carolina Bar as follows:
This powerful new publication is in response to the explosive legislative changes which have taken place and the increased law enforcement effort in the form of aggressive government techniques such as wiretaps, search warrants and grand jury investigations. This practical, scholarly, and authoritative volume addresses multi-agency investigations, newly enacted statutes, and federal and state prosecutions.
Computer and Intellectual Property Crimes is designed to serve as a ready reference for private practitioners and prosecutors alike who deal with the criminal aspects of computer and intellectual property issues.
Authors Bart Daniel, Matt Hubbell and Miller Shealy expertly and comprehensively analyze a wide spectrum of issues which arise in the computer and intellectual property criminal arena. They also provide website listings ranging from the Department of Justice, Computer Crimes and Intellectual Property Section (CCIPS), to the South Carolina Computer Crime Center (which has been hailed by F.B.I Director Robert Mueller as a state-of-the-art model for other computer crime centers throughout the country). These sites contain helpful information, serve as starting points for research and referral, and include links to dozens of related sites touching virtually every aspect of computer and intellectual property law that a practitioner might find useful.
This one-of-a-kind authoritative and practical volume is a must for prosecutors, criminal defense attorneys, and intellectual property and litigation attorneys who deal with any aspect of computer or intellectual property litigation or criminal enforcement or defense.
2. Health Care Fraud and Collateral Consequences was published in response to increased criminal enforcement of health care laws in the form of aggressive government techniques such as search warrants, administrative demands, and grand jury investigations. It addresses multi-agency investigations, prosecutions and ultimately often devastating collateral consequences such as forfeitures and exclusion. It is designed to serve as a ready reference for private practitioners and prosecutors alike who deal with the criminal aspects of health care as well as the collateral consequences that invariably follow. This book should also assist health care counsel who work to provide safe harbors for their clients as well as those who are actively involved in the medical field.
3. Environmental Crimes and Corporate Liability is a primer on federal and state environmental laws and how they affect the individual and the corporation.
It explains the charging process, including the discretion of federal and state prosecutors and how that process can be made to work for the corporate client. The text provides some safe guards which can steer the corporate client into a safe harbor. Environmental audits and their confidentiality are also discussed.
The publication includes detailed explanations of the four primary statutes under which companies can be prosecuted in the federal arena. These include the Resource, Conservation and Recovery Act (RCRA), the Comprehensive, Environmental Response Compensation Liability Act (CERCLA), and the Clean Water and Clean Air Acts. Environmental Crimes and Corporate Liability outlines other possible criminal charges which may be filed such as filing false statements, conspiracy, mail fraud, aiding and abetting, and misprison of a felony.
The publication also outlines the investigative stages of the Grand Jury up to, through and including the application of the Federal Sentencing Guidelines.
Finally, Environmental Crimes and Corporate Liability deals with the many times harsh results or "collateral consequences" of environmental convictions. These include government measures such as listing, debarment and suspension. Under each, a company or an individual may be precluded from conducting any business directly or indirectly with the U.S. Government or any one of its agencies. On the state level, South Carolina is no exception to the upward trend of more regulation and increased prosecutions in the environmental field. The publication outlines the two primary statutes under which environmental crimes are prosecuted in South Carolina, the Hazardous Waste Management Act and the South Carolina Pollution Control Act.
4. State and Federal Tax Crimes is co-authored by South Carolina Director of Revenue, Burnet R. Maybank, III, and others, compares and contrasts the State's criminal tax statutes with their federal counterparts.
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