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Richard M. Cooper Retires As Chairman
With this issue, Richard M. Cooper retires as Chairman of the Board of Editors of Business Crimes Bulletin. Cooper, a Rhodes Scholar who began his legal career as law clerk to Supreme Court Justice William Brennan and later served as Chief Counsel of the Food and Drug Administration (1977-79), was an original Board member, appointed in 1994 by the Bulletin's founder, Jed S. Rakoff (now U.S. District Judge for the Southern District of New York), whom Cooper succeeded as Chairman in 1996 after Judge Rakoff was named to the bench. Despite
Cooper's busy schedule as a litigation
partner at Williams & Connolly in Washington, DC, he always found time to recruit new Board members and encourage old ones with an eye for the high-quality articles they contribute to this newsletter. Cooper's own articles have appeared twice a year throughout his tenure, beginning in March 1994 with 'Corporate Regulatory Crimes and the Sentencing Revolution.' We look forward to another Richard Cooper article later this year. Our readers, Board members and staff have benefited greatly from his contributions and support.
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.
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.
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.