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New York Attorney General, Eliot Spitzer, has announced a settlement with General Electric Capital Corporation in connection with a widespread telecommunications fraud involving NorVergence, Inc., a bankrupt New Jersey-based telephone equipment and service company. Under the terms of the agreement, GE Capital will forgive approximately $2 million in payments due from New York customers who had signed long-term contracts with NorVergence.
NorVergence began aggressively marketing its telecommunications products in 2002, falsely promising potential customers savings of up to 60%. It attributed these savings to its use of a proprietary device referred to as a “Matrix box.” The company claimed this technological innovation provided customers with wireless, toll-free inbound, local and long-distance telephone service; and high-speed Internet connection, all for a fixed monthly fee. In truth, the equipment accomplished none of these functions; rather, it is commonly used in the industry to permit both voice and data transmission through a high-speed service line. NorVergence's sales force was trained to apply deceptive and high-pressure sales tactics to prospective customers, which included small businesses, not-for-profits, and religious institutions. Nationally, the company secured approximately 11,000 customers, nearly 1000 in New York.
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.
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.
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 explores legal developments over the past year that may impact compliance officer personal liability.
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.