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Fourth Circuit Denies Shipping Act Immunity for Antitrust Violations
In United States v. Gosselin World Wide Moving, N.V., No. 04-4752 (4th Cir. June 14, 2005), the defendants challenged their convictions for their participation in a scheme that they admitted was illegal under the Sherman Act, 15 U.S.C. ' 1, and the federal anti-fraud statute, 18 U.S.C. ' 371. The defendants sought immunity from their criminal liability under a federal maritime statute, the Shipping Act, 46 U.S.C. '' 1701-1719.
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Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
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