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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).
By Patrick Campbell, Jonathan New and Madison Gaudreau
This article explores legal developments over the past year that may impact compliance officer personal liability.
By John C. Coffee Jr.
It has been nearly 60 years since the SEC first clearly prohibited insider trading. You would think that would be long enough for the doctrinal rules to have become reasonably clear. Think again!
By Xiumei Dong
As Silicon Valley technology companies face increasing government scrutiny, experienced white-collar practitioners are becoming hot commodities among the law firms seeking to represent tech-focused clients.
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Walmart and Brazillian Subsidiary Reach $282 Million Settlement with the DOJ and SEC to Resolve FCPA Investigations