Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
New Standards for Brady and Giglio Disclosures
For the past five years, the white-collar criminal-defense bar has been working to enhance the obligations of federal prosecutors to disclose exculpatory and impeaching information under Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and their progeny. In the past few months, those efforts have begun to bear significant fruit.
In 2004, after a study by the American College of Trial Lawyers showed that the current system was not working, the Advisory Committee on Federal Rules of Criminal Procedure began to consider an amendment to Rule 16 that would codify and enhance the government's disclosure obligations. At first, the Department of Justice (DOJ) argued that no changes were necessary. As it became clear that the Committee was seriously considering such an amendment, the DOJ changed its position and, in a preemptive strike, issued in October 2006 a new section, ' 9-5.001, of the U.S. Attorneys' Manual ('USAM') that increased the obligations of federal prosecutors to disclose Brady and Giglio information. Later that same month, the Committee reviewed the new USAM section and decided that it did not go far enough ' that a federal rule, enforceable by the courts, was necessary and appropriate. It therefore voted to recommend to the Committee on Rules of Practice and Procedure ('the Standing Committee') that an amendment to Rule 16 be adopted.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.