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Third Circuit Upholds Online Gambling Ban
Internet gambling proponents suffered a major setback when a federal appeals court refused to strike down a 2006 law in which Congress banned all Internet gambling transactions that would be illegal in the gambler's state. In Interactive Media Entertainment & Gaming Association v. Attorney General of the United States, 08-1981, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit rejected arguments that the law should be declared void for vagueness. Writing for the court, U.S. Circuit Judge Dolores K. Sloviter found that the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) “clearly provides a person of ordinary intelligence with adequate notice of the conduct that it prohibits.”
Lawyers for the gaming interests focused on the statute's use of the phrase “unlawful Internet gambling,” which, they argued, lacks any “ascertainable and workable definition.” But Sloviter found that a plaintiff who raises a facial challenge to a statute on vagueness grounds “must demonstrate that the law is impermissibly vague in all of its applications.” With that test in mind, Sloviter found that the UIGEA “cannot be deemed impermissibly vague in all its applications” because several states prohibit all gambling activity or specifically ban Internet gambling.
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.