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Building a State-of-the-Art Anti-Bribery Program
Earlier this year, two senior executives, frustrated with the high customs duties imposed on their imports into Haiti, took matters into their own hands. They paid off a few Haitian officials. The Department of Justice looked into the matter and now one executive has been sentenced to 37 months in prison and the other to 63 months.
In another case, a company carrying out due diligence as part of an acquisition uncovered questionable payments and required the target company to report them to the government. The target promised to cooperate fully in the government's investigation, but the sale fell through, their share price plummeted, they paid a record-breaking $28.5 million fine and now face a shareholder lawsuit.
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.