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In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability under 18 U.S.C. §1001, and likely will have advised their clients of the paramount need to be truthful.
Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however, and practitioners in the past decade have taken guidance from United States v. Safavian, which stands for the proposition that it is not a crime to omit information when communicating with a government official, absent a legal duty to disclose those facts. However, a recent district court decision in the high-profile United States v. Craig case narrowed that holding, which may signal expanded liability when entities or individuals initiate communications with government agencies in the voluntary disclosure context.
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Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
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