Follow Us
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In many recent high-profile white-collar criminal cases, a wide array of defendants (frequently allies of Donald Trump but also some well-known Democrats among them) have pursued a selective prosecution claim. These defendants typically argue they have been singled out while others who were engaged in virtually the same conduct have somehow escaped the government’s wrath. It is not a defense to the merits of the criminal charge itself, but instead an effort to turn the focus on the prosecution and its motivations. The claim is almost always doomed to defeat in court. This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.
Continue reading by getting
started with a subscription.
Common Pitfalls In Personal Device Collection
By Marjorie Peerce and Marguerite O’Brien
Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
FCPA Compliance Guidance for Global Businesses
By Cole Callihan
The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.
Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws
By Karen Hoffman-Lent and Kenneth Schwartz
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
Will the Corporate Transparency Act Smother the Cannabis Industry?
By Steve Schain
The CTA requires business entities to file information on their “beneficial owners” with FinCEN, which, in turn, may disclose it to domestic and foreign law enforcement agencies, prosecutors, judges and financial institutions.
Copyright © ALM Global, LLC. All Rights Reserved.
