Multiple Jeopardy

A combination of factors has coalesced to spell trouble, or at least unwelcome complications, for federal prosecutors and aspiring cooperators and their counsel in the white-collar criminal arena. The factors include the political ambitions of state attorneys general (AGs), the broad overlap of state and federal financial-fraud crimes, the fully justified emphasis of federal prosecutors on pursuing nationwide financial-fraud offenses, and the persistence of the federal courts in refusing to limit the outmoded "dual sovereignty" doctrine that allows concurrent or consecutive federal and state prosecutions for the same offenses.

19 minute read November 28, 2005 at 12:45 PM
By
Irvin B. Nathan
Multiple Jeopardy

A combination of factors has coalesced to spell trouble, or at least unwelcome complications, for federal prosecutors and aspiring cooperators and their counsel in the white-collar criminal arena.

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