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He Who Steals My Trash Pays Cash?
In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. United States v. Chalupnik, 2008 WL 268997 (8th Cir. Feb. 1, 2008).
The decision threw out janitor Chalupnik's obligation to pay BMG Columbia House ('BMG') mandatory restitution of $78,818. BMG, the mail-order CD and DVD business, was found in this odd case to be a victim of the copyright misdemeanor crime to which Chalupnik pleaded guilty. Initially, Chalupnik had been charged with felony mail theft, a charge dropped in favor of the plea to copyright misdemeanor. Granted, it is far more pleasant to be charged with a misdemeanor than a felony; if those are the choices on the table, then copyright misdemeanor. But neither the pled-to crime nor the dropped 'mail theft' one seems to match up with what happened here. Chalupnik's appeal addresses solely the restitution order, since Chalupnik pleaded guilty to the copyright misdemeanor. Still, the most interesting aspect of this case is the judicial pas-de-deux between the admitted crime, and how (and whether) the punishment meets the crime.
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.
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.
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.