Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In the Courts
Eighth Circuit Affirms Longest Antitrust Sentences Ever Imposed
On April 27, 2012, the Eighth Circuit affirmed a 48-month prison sentence and $829,715.85 fine imposed upon Steven VandeBrake after he pleaded guilty to two counts of price fixing and one count of bid rigging in violation of 15 U.S.C. ' 1. United States v. VandeBrake, —F.3d —, 2012 WL 1448486 (April 27, 2012). The sentence was based on VandeBrake's role in a bid rigging conspiracy involving the sale of concrete products in Iowa, which was reported by a competitor in 2009 as part of the DOJ Antitrust Division's Leniency Program. *1. VandeBrake initially accepted a binding plea agreement that would have required him to serve 19 months in prison and pay a fine of $100,000 for his role in the conspiracy. *2. However, when the District Judge indicated that he was not inclined to accept the binding agreement, VandeBrake accepted a non-binding agreement. Id.
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.