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First Decision on DOMA's Constitutionality
On Aug. 17, a bankruptcy judge in Washington State became the first federal judge in the country to rule on the constitutionality of the federal Defense of Marriage Act (DOMA), 1 U.S.C. ' 7. U.S. Bankruptcy Judge Paul B. Snyder held in In re Kandu, No. 03-51312, 2004 Bankr. LEXIS 1233 (8/17/04) that DOMA was not unconstitutional. And, while it may seem that a law this contentious should have garnered at least a few case-law decisions in the 8 years following its enactment, the Kandu case has become the unlikely first because previous litigants lacked standing; they had not actually been married to a same-sex partner. However, debtors Lee Kandu and Ann C. Kandu, two American citizens, were legally married in British Columbia, Canada, on Aug. 11, 2003.
On Oct. 31, 2003, Lee Kandu filed pro se a voluntary bankruptcy petition for relief under Title 11, Chapter 7. Ann C. Kandu was listed on the petition as a joint debtor. On Dec. 5, 2003, the court filed an Order to Show Cause for Improper Joint Filing of unmarried individuals. (Although Ann C. Kandu died in early 2003, her death did not render the case's decision moot under the bankruptcy code.) The remaining debtor, Lee Kandu, filed a Memorandum in Support of Debtors' Joint Filing on April 20, 2004, challenging the constitutionality of DOMA.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.