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Criminal Forfeiture Laws
Federal prosecutors increasingly have become enamored with the aggressive use of criminal forfeiture in white-collar cases. In 2008, the Department of Justice (DOJ) created a National Asset Forfeiture Strategic Plan to “develop and implement policies and procedures to ensure that asset forfeiture is an integral part of every investigation and prosecution.” Forfeiture is viewed by the government as a “vital weapon” in its arsenal to “strip criminals of their illicit wealth.” U.S. Department of Justice, Asset Forfeiture Program, “National Asset Forfeiture Strategic Plan 2008-2012″ at p. 3. When, however, the government collection process begins before any determination of guilt, the zealous pursuit of the supposed fruits of the yet'to-be-proven crime runs smack into the constitutionally-protected right to a fair trial.
Background
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.