Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Sentencing Stats Show That the Trial Penalty Is Substantially Overstated In the Vast Majority of White Collar Cases
Juvenile-Sentence
Jury trials in America have undergone “virtual extinction” as stated by Judge Jed Rakoff. See, Jed. S. Rakoff, “Why Innocent People Plead Guilty,” The New York Review of Books, Nov. 20, 2014. This development is particularly alarming as the Trump administration disregards rights and liberties enshrined in the Constitution. Alexander Hamilton wrote that if the delegates to the Constitutional Convention agreed on nothing else, they agreed on the guarantee of a jury trial as a check on governmental power. The Federalist No. 83 (1788).
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.
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.
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.