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Can an Applicant With a Criminal History Buy a Franchise?
The character of a franchise prospect seems relevant. Franchisors want trustworthy participants in the franchise system. A credit report and a criminal history search seem reasonable to screen out undesirables. Roughly one in four adults has some criminal history that would show up on a search, and some of these crimes have since been decriminalized. Using searches of criminal histories and credit reports can also be racially discriminatory.
Racial minorities are protected from discrimination in franchising by 42 U.S.C. Section 1981, which provides that “all persons” shall have the same right as “white persons” to “make and enforce contracts.” The protected rights include the “making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.” This civil rights law applies when African-Americans claim that they were denied the right to purchase a franchise, or were treated differently in the sales process, or after their purchase, in any way. (See Home Repair v. Paul W. Davis Systems, No. 98 C 4074, 2000 U.S. Dist. LEXIS 929 (N.D. Ill. Jan. 31, 2000).)
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.