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Business Crimes Hotline
National rulings of importance.
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In the Courts
Analysis of recent rulings of interest to you and your practice.
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Money Judgments in Criminal Forfeiture
The Second Circuit has just become the latest Court of Appeals to uphold the imposition of money judgments in criminal forfeiture orders. The court sustained forfeiture money judgments of $10 million and $4.6 million against two indigent defendants.
Strict Criminal Liability of 'Responsible Corporate Officers'
Many lawyers think it's black-letter law that prosecutors can't convict a criminal defendant without proving mens rea. This is not so, however, for "Responsible Corporate Officers" (RCOs) in businesses that affect public health and safety.
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SEC Cooperation Initiative
With the hope of encouraging corporate insiders to cooperate during investigations, the SEC issued a new Enforcement Cooperation Initiative in mid-January. Herein is a complete explanation.
Champerty Clarified
In a decision of great significance to secondary market distressed debt and claims purchasers, the New York Court of Appeals recently held that this type of "standard" assignment of claim does not violate New York's champerty statute.
It's All About the Guaranty
Every legal and financial adviser dealing with distressed real estate needs to put up a sign reminding themselves (and their clients) that "It's all about the guaranty.
Features
How Safe Is the Harbor?
Do the Bankruptcy Code safe-harbor provisions have some unintended consequences? Can they adequately address systemic risk in an environment of ever-changing complex financial transactions? A complete analysis.
<i><b>BREAKING NEWS:</i></b> FCC Dealt Blow to Net Neutrality
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature 'net neutrality' initiative hanging by a thread. Now, the agency faces several unpalatable options.
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