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FCPA: Were the Sting Trials Doomed from the Start?
When the jury in the second Foreign Corrupt Practices Act (FCPA) Sting case trial came back with two acquittals, and hung on three other defendants, the impact on the Department of Justice's (DOJ) ambitious FCPA enforcement efforts was apparent. United States v. Goncalves et al., No. 09-335 (D.D.C.). And when the DOJ made the difficult decision to dismiss all charges against the remaining defendants, including three who had previously pleaded guilty, that impact could not be mistaken.
We had a front-row seat to the challenges the government faced in the FCPA Sting trials ' we represented a client in the second trial, who obtained a mistrial after the jury was unable to reach a unanimous verdict on the charges against him. We were able to follow the development and planning of the FCPA Sting through discovery and the testimony in two trials.
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.