Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Consideration of Potential Conflicts in <i>U.S. v. Clemens</i>
Snow is melting, seed catalogs are arriving, and eyes have turned to Spring Training. Some baseball fans are also turning their attention to the U.S. District Court for the District of Columbia to follow the recent developments in U.S. v. Clemens, 1:10-cr-00223-RBW. The indictment, filed in Aug. 2010, charges player Clemens with six counts: three counts of making false statements to Congress, two counts of perjury and one count of obstruction of Congress. (The trial is scheduled for July 2011.)
The charges arise out of testimony that Clemens gave before Congress on Feb. 8 and Feb. 13, 2008, concerning the use of performance enhancing drugs (PEDs) in Major League Baseball. Clemens flatly denied ever using PEDs. It appears that recently retired Yankees pitching ace Andy Pettitte, a former teammate of Clemens', remembers things differently. Prosecutors anticipate that Pettitte, a government witness, will testify that Clemens admitted using PEDs to him some years ago, according to court documents in U.S. v. Clemens.
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.