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Courts Must Report Convictions Connected to Domestic Violence
The state legislature has directed the courts to flag misdemeanor convictions involving domestic violence, the latest among several kinds of data legislators demand from the judiciary. Consequently, since Nov. 29, 2011, information about four offenses has been funneled to the National Instant Background Check System, a federally administered program created under the Brady Handgun Prevention Act to discourage people convicted of violent crimes from buying guns.
Amy Barasch, the executive director of the New York state Office for the Prevention of Domestic Violence, said the presence of a gun in a household where domestic violence occurs increases the chances of fatalities by six times. “This new law will help us ensure that the federal prohibition against qualifying misdemeanor domestic violence offenders' eligibility to access a firearm is strongly enforced,” Ms. Barasch said.
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.
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.
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.
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.