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Injunctive Relief: Protecting the Availability of Funds to Satisfy a Future Monetary Judgment
Insurers considering whether to bring suit for restitution under the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 et seq., against suspected fraudulent claimants must deal with a problem confronting all potential plaintiffs: the likelihood that a favorable judgment against the claimant may never be collected.
While in some instances, the insurer may be able to obtain pretrial attachment of the claimants' assets, the grounds for obtaining attachment are limited to where the defendant resides or operates its business within New Jersey. See R. 4:60; N.J.S.A. 2A:26-1 to 16.
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.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.