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Why Most Private Aircraft Operators Violate the FAA's Operating Rules
According to a recent Equipment Leasing & Finance Foundation study on the business aircraft financing market, a high percentage of business aircraft operators do not comply with key provisions of Parts 91, 119 and 135 of the Federal Aviation Regulations (FARs), conducting their flight operations by and through illegal “flight department companies” in violation of these Parts of the FARs. The study also says that few, if any, of those involved these operations intend to change their ways during the study period spanning this year through 2016. See http://bit.ly/1fFEeLg.
Although financiers include provisions in loan and lease documents that the lessee or borrower must comply with applicable law, do they perform audits or at least ask questions to assure that their customers pay attention to, or strictly comply with, these FARs? Do financiers fully appreciate the potentially serious consequences for them and their customers of an enforcement action against the operator, pilots and others by the Federal Aviation Administration (FAA)?
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.