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Danger Zone: Tightening Export Controls
Export controls are a morass of overlapping jurisdictions dotted with strict liability and criminal landmines. Worse, criminal and civil penalties have been severely ratcheted up recently, and more appear on the horizon. An October 2004 article by George Prettyman and Gregory Wallace in this newsletter described the regulatory regime governing 'dual-use' products. But even since 2004, prosecution resources have swollen and priorities have shifted markedly. As part of its recently established National Security Division, the Department of Justice (DOJ) appointed a National Export Control Coordinator tasked with building the DOJ's capacity to investigate and prosecute export violations. Specifically, the Coordinator is to create greater synergy between the DOJ and other export enforcement and licensing agencies, oversee prosecutorial training for U.S. Attorneys, and monitor the progress of their export control prosecutions nationwide. For their part, U.S. Attorneys have increased funding and implemented new legal tools (including sending agents overseas or having them work 'undercover') to enable them to carry out their mandate in support of the Coordinator's work.
What's Covered?
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.