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A defendant who pleads guilty is usually required to waive a host of constitutional and statutory rights, such as the right to a jury trial, the right to confront and cross-examine adverse witnesses, the right to testify and present evidence. Fed. R. Crim. P. 11(b). By necessity, a defendant who wishes to gain the potential sentencing benefits of pleading guilty must waive these trial rights. However, many defendants are also required to waive their right to appeal in order to receive a favorable plea agreement with the government. In federal court, these agreements typically require the waiver of the right to appeal when the sentence is within or below an agreed-upon range. In addition, only with the consent of the government and the court may a defendant enter a conditional plea in federal court and thereby reserve the right to appeal an adverse determination of a pretrial motion (such as a suppression motion or a motion in limine). Fed. R. Crim. P. 11(a)(2).
Challenge to SEC’s Disgorgement Authority Reaches Supreme Court
By Jodi Misher Peikin and Jacob Mermelstein
The U.S. Supreme Court granted certiorari in Liu v. Securities and Exchange Commission to address a question that, until fairly recently, seemed clear: whether the SEC has authority to obtain disgorgement in civil actions to enforce the federal securities laws.
Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
By Robert J. Anello and Richard F. Albert
In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court’s notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
When to Involve a Forensic Accountant in Your White-Collar Criminal Case
By Sareena Malik Sawhney
Over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.
By Juliet Gunev
Maryland Jury Convicts Former Executive on FCPA Charges for Bribing Russian Official to Win Nuclear Fuel Transportation Contracts
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