Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Strategic Considerations When Conducting an Internal Investigation
Workplace fraud is ever present, but in a bleak market, employees increasingly feel the financial pinch in their personal lives. Inhibitions are diminished by stark economic realities, and employees occasionally turn to theft, misappropriation and fraud. The headlines are full of fraudulent schemes both epic and small, from the massive Madoff pyramid scheme to employee theft of materials at the smallest level.
Workplace fraud falls into three general categories. “Asset misappropriation” includes fraudulent invoicing, payroll fraud, theft of trade secrets, confidential information and other intellectual property. “Corruption” is fraud that generally involves acceptance of a bribe, kickbacks through bid-rigging, or use of conflict of interest schemes to obtain an unlawful benefit. For example, where long-time and trusted employees retain favored third-party suppliers in return for kickbacks from those suppliers Falsification of “financial statements,” the third fraud category, consists of material falsehoods in financial statements, such as booking fictitious sales or taking expenses in the wrong period.
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.