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In the Courts
Eighth Circuit Dissent Provides Passionate Rebuke of Guidelines Sentencing in High-Loss Fraud Cases
On Nov. 7, 2012, the United States Court of Appeals for the Eighth Circuit issued a relatively non-controversial opinion in United States v. Spencer, —F.3d.—, 2012 WL 5416151 (2012), in which the court ruled on several evidentiary challenges and upheld a below-guidelines sentence against a substantive reasonableness challenge. In his dissent from the majority's opinion, however, Circuit Judge Myron H. Bright offered a notably passionate and thoughtful critique of the U.S. Sentencing Guidelines as applied to high-loss fraud sentences. In his dissent, Judge Bright criticizes the reliance the sentencing guidelines place on loss in sentencing calculation, likening the injustice of this approach to the critiques levied by many critics regarding the emphasis of weight calculation in drug sentencing.
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.
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.
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.