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In the Courts
Supreme Court Review Sought in FCPA Instrumentality Case
On Aug. 14, the long-running and highly publicized Foreign Corrupt Practices Act (FCPA) saga of Joel Esquenazi and Carlos Rodriguez continued, as the former Miami-based executives petitioned the United States Supreme Court for a writ of certiorari to review the United States Court of Appeals for the Eleventh Circuit's landmark May 2014 decision. In the Eleventh Circuit decision, as previously reported in the July edition of “In the Courts,” the court affirmed the convictions of Esquenazi and Rodriguez in connection with bribes made to employees of Telecommunications d'Haiti SAM (Haiti Teleco), the Haitian state-owned telecommunications company. In doing so, the court defined an “instrumentality” under the FCPA as “an entity controlled by the government of a foreign country that performs a function the controlling government treats as its own,” and found that Haiti Teleco met this definition (thus rendering its employees “foreign officials” to whom the payment of ' or promise to pay ' anything of value is prohibited).
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.