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Collateral Consequences of Criminal Conviction
Criminal convictions may result in numerous penalties beyond the imprisonment or fine imposed after trial. Commonly referred to as the “collateral consequences” of a conviction, these often hidden and misunderstood penalties exist in two forms: collateral sanctions and collateral disqualifications. Collateral sanctions are automatic changes in one's rights in connection with a conviction. Collateral disqualifications are penalties and disabilities that are imposed through the exercise of discretion by some governmental authority. The discretionary nature of some of the consequences and the variety of entities that may impose them create difficulties for lawyers attempting to inform their clients and often leave defendants either uninformed or ill-advised about all possible penalties as they enter into plea negotiations or sentencing.
A 2010 Supreme Court decision, Padilla v. Kentucky, expands a lawyer's duty to counsel a client about certain collateral consequences at the time of a plea. The case highlights the pervasiveness of collateral consequences and the importance of advising a client of all penalties that may result from a guilty verdict or plea. Meanwhile, a newly proposed Uniform State Law offers a potential solution to the bewildering problem of collateral consequences faced by criminal defendants and their lawyers.
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.