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Supreme Court Revisits Money Laundering Image

Supreme Court Revisits Money Laundering

Michael Zeldin

On March 3, 2008, the U.S. Supreme Court heard arguments in the case of <i>Cuellar v. United States.</i> The decision, expected by the end of June, will interpret the 'intent to conceal' provision of the federal Anti-Money Laundering statutes.

Features

Danger Zone: Tightening Export Controls Image

Danger Zone: Tightening Export Controls

Jeffrey T. Green, Robert Torresen, & A'ssatou Diop

Export controls are a morass of overlapping jurisdictions dotted with strict liability and criminal landmines. Worse, criminal and civil penalties have been severely ratcheted up recently, and more appear on the horizon.

Features

The 'Unindicted Co-Conspirator' Image

The 'Unindicted Co-Conspirator'

Stanley A. Twardy, Jr. & Doreen Klein

The criminal justice process can be arcane, but one term is recognizable to the public. An indictment is a formal accusation by a grand jury that an indicted individual has committed a crime. While damning, the indicted defendant nonetheless has the constitutional right to say to the government, 'Prove it,' and, if the government fails, to be cleared of all criminal wrongdoing. Unlike the defendant who has a right to defend himself, the unindicted co-conspirator is not on trial but confined to a limbo in which vindication is never possible.

Features

Rediscovering Chapter 9 Image

Rediscovering Chapter 9

Erica M. Ryland & Mark G. Douglas

Even though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 cases have been filed during that time. Municipal bankruptcy cases ' or, more accurately, proceedings involving the adjustment of a municipality's debts ' are a rarity, compared with reorganization cases under Chapter 11.

Features

A Quagmire of Obligations Image

A Quagmire of Obligations

Eric R. Wilson & Mark W. Page

Pending in bankruptcy court in Corpus Christi, TX, is <i>In re ASARCO, LLC, et al.</i>, the largest environmental bankruptcy case ever filed. This article explores the ramificatinos of the case.

Features

Termination Premiums Under ERISA Held to Be Dischargeable Prepetition Claims Image

Termination Premiums Under ERISA Held to Be Dischargeable Prepetition Claims

William J.F. Roll, III, Michael H. Torkin & Solomon J. Noh

In a matter of first impression, the United States Bankruptcy Court for the Southern District of New York held that the termination premiums assessed against Oneida Ltd. ('Oneida') as a result of the termination of one of Oneida's pension plans during its Chapter 11 case were prepetition 'claims' (as defined in ' 101(5) of title 11 of the United States Code (the 'Bankruptcy Code')) that were discharged under Oneida's confirmed plan of reorganization.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

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NJ and CT News Image

NJ and CT News

ALM Staff & Law Journal Newsletters

Important rulings that may affect your practice.

Features

Valuing Businesses Image

Valuing Businesses

Thomas A. Hutson

A question often received from attorneys in matrimonial or other litigated matters is whether or not there are any specific standards that a CPA must adhere to when performing a business valuation engagement. Until Jan. 1, 2008, the answer was, effectively, 'No.' As of the beginning of this year, that answer has now changed.

National Push for Almony Reform Is Growing Image

National Push for Almony Reform Is Growing

Tresa Baldas

Legislation and lawsuits challenging the traditional notions of alimony ' such as how long it should be paid and by whom ' are popping up across the nation. At issue is whether judges have too much discretion in deciding how much alimony should be paid, for how long, and whether they unfairly favor ex-wives.

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