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Confronting the Forensic Facts
Most matters involving white-collar investigations and prosecutions do not result in trials, so evidentiary issues are not frequently discussed in articles on business crime. A new focus on evidentiary issues, however, is warranted in light of a pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause. See Crawford v. Washington, 54 U.S. 36 (2004) and Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009). These two cases have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government ' not only the potential right to confront forensic analysts, but also the potential right to demand broader and earlier discovery so that counsel is able to make full use of the right to confrontation identified by the Supreme Court.
New Law on Forensic Evidence
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.