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Are the Sentencing Guidelines More Than 'Advisory'?
The Second Circuit's decision in United States v. Cutler, Nos. 05-2516(L), 05-3303-cr(L), 05-6178-cr(XAP) (2d Cir. March 17, 2008), cast a cloud over the question of how far a sentencing judge can depart from the so-called 'advisory' Sentencing Guidelines. In late December 2007, the Supreme Court appeared to have settled that issue. In Gall v. United States, 128 S. Ct. 586 (2007), the Court clarified that appellate courts must give broad leeway to sentencing judges even where their sentences depart from the Guidelines. Most Circuits, following Gall, have applied that principle. Until Cutler. There, confronted with a lenient sentence imposed on two white collar defendants convicted after a three-month trial, the Second Circuit cited Gall, but applied an exacting review that discounted virtually every rationale offered by the experienced trial judge. It remains to be seen how the Second Circuit's law will develop in this area.
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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.