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What Can We Learn from the FTX Bankruptcy?
It seemed like something out of an old episode of 20/20 from the 1980s: CEO of a company is just about to be caught doing shady financial deals that bankrupts the company and flees in the middle of the night to a country that has no extradition treaties with the U.S., leaving investors in the lurch. Add in the fact that this latest episode starred the CEO of a leading cryptocurrency company and you have a recipe that could damage the entire industry.
Even those who believe in cryptocurrency and invest in it have to be questioning how safe their crypto really is. Plus, there are enough people left (and admittedly probably those of a certain generation) who remain skeptical about cryptocurrency in general that the bad press resulting from (now former) FTX CEO Sam Bankman-Fried's "escape" will likely turn those people off to virtual currencies for good.
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.