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White-Collar Wiretaps
The impact of the recent conviction of Galleon Group's co-founder, Raj Rajaratnam, for insider trading has been called “seismic,” due to the novel use of wiretap evidence to bring the crime to life before the jury. Stephen A. Miller, Will There Be a 'CSI Effect' for Wiretapping?, The National Law Journal (May 23, 2011), www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202494773565&slreturn=1&hbxlogin=1. As the recent trials of Rajaratnam, Zvi Goffer, and expert networking consultant Winifred Jiau have unfolded, the full scope of the government's wiretapping has been revealed. The government's recordings have ensnared not just traders and financiers, but also lawyers, consultants, and officers and directors of public companies. As a result, people on Wall Street may now be wondering, “is law enforcement listening?” whenever they pick up the phone, as U.S. Attorney Preet Bharara warned in announcing the arrest of Rajaratnam.
A Chilling Effect?
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.