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Statistics on Criminal Prosecution of Individuals for Antitrust Violations
Representing an individual under investigation for, or charged with, an antitrust violation presents difficult decisions for reaching a plea agreement or going to trial, and the past decade of federal prosecution of antitrust violations has substantially increased the complexity of the decisions required. The multiple defendants, including corporate defendants with business incentives to avoid uncertainty and plead early, and corporate or individual defendants that may benefit from the Antitrust Division's leniency policy ' the first to report a violation and cooperate receives immunity from prosecution ' create several potential dilemmas in determining how to position an individual client.
This article provides statistics on trends in Antitrust Division prosecution of individuals to assist in the decisions of how to position individual defendants, and on how to explain strategies to the client ' often one of the most difficult aspects of the representation.
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.