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Understanding the Jobs and Growth Tax Relief Reconciliation Act of 2003
The Jobs and Growth Tax Relief Reconciliation Act of 2003 (the '2003 Tax Act' or, simply, the 'Act'), signed by President Bush into law on May 28, 2003, provides strong inducements for the purchase of capital equipment. Together with record-low interest rates, the Act's 'tax subsidies' for the purchase of equipment should reduce the costs of equipment to equipment lessors and make them more competitive with asset-based lenders.
The 2003 Tax Act's inducements for the purchase of capital equipment are the increase in the maximum dollar amount of the cost of equipment that may be expensed under Internal Revenue Code ('Code') Section 179 from $25,000 to $100,000 for qualifying small businesses, and an increase from 30% to 50% together with an extension through 2004 (December 31, 2005 in certain cases) of the additional first-year depreciation that may be taken for qualifying equipment. In combination, these two measures can dramatically accelerate the deductions available for the year equipment is purchased and placed in service.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.