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I remember when the year 1984 actually came and went. There materialized no “Big Brother,” no totalitarian state, no thought police. I was 18 and optimistic and thought I would never have reason to revisit that worry.
That was then, as the saying goes, and this is now. Just as George Orwell's dictators did, the right is using “double speak” to warp discussion of important issues. Big Brother is here after all, and he has friends.
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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 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.
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.
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