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Decriminalized Marijuana and the Promise of Legal Profits
Marijuana's legal uses likely will expand following the recent decriminalization of recreational marijuana in Colorado and Washington, coupled with the growing number of states (currently 20, plus the District of Columbia) that have legalized medical marijuana. The availability of marijuana products on the store aisle next to beer and wine, or in wider use in clinical studies for medical treatment, is only as distant as the time needed to develop and test a comprehensive legal framework for controlling the manufacture, distribution and sales of this substance, still classified as highly addictive and dangerous by the Drug Enforcement Administration (DEA) but yet no more dangerous than alcohol, according to a recent interview with President Obama.'
Pressure is building on federal, state and local governments to reconsider the criminal laws regarding marijuana and to allow interests as diverse as medical research, business entrepreneurs, and tax authorities to benefit from the new legal marijuana industry. Recent guidance memoranda by the U.S. Department of Justice (DOJ) and Department of Treasury (Treasury) have informally decriminalized some marijuana-related conduct, although many legal marijuana supporters and business interests complain that the guidance does not go far enough.'
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.