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Examination Order Violated Abuse Victim's Rights, Panel Says
A Family Court order that a teenage sexual abuse victim undergo a highly intrusive “forensic medical examination” violated her Fourth Amendment rights, a Brooklyn appellate court has ruled. A unanimous panel of the Appellate Division, Second Department, agreed with the lower court that Family Court Act
' 1027(g) required such exams in all abuse cases, but it said that courts nevertheless must be careful not to “trample” on the constitutional rights of children in their “zeal” to protect them.
“An innocent child should certainly have as much right to be free from an unreasonable search and seizure as someone suspected of committing a crime,” Justice Jeffrey A. Cohen wrote for the panel in Matter of Shernise C. (Anonymous), 2010-08309, 2010-10076. “Thus, while harmonizing the state's extraordinary interest in protecting a child's welfare from the potential for invasion of a child's constitutional rights may be at times difficult, a proper balance must be struck since even the most heinous crime of child sexual abuse does not automatically provide cause to ignore the rights of the victim.”
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.