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Perpetual Tolling for Fraud Against the United States?
The Wartime Suspension of Limitations Act (“WSLA”) was, until recently, a seldom-invoked World War II-era law designed to toll the statute of limitations for frauds committed against the United States while the nation was “at war.” Initially drafted in the wake of World War I, at a time when Congress formally declared wars and society fully mobilized in support of a war effort, the law had been largely ignored for decades. But last fall, Congress breathed new life into the old law, amending it to apply to the ongoing conflicts in Iraq and Afghanistan as well as any future military engagements expressly authorized by Congress.
The impact of these amendments will be significant for the defense of any clients who regularly do business with the government. The WSLA adds years of exposure to criminal prosecutions that would have otherwise been time-barred. It affects the limitations periods for all types of financial and property-related frauds against the United States ' criminal and perhaps civil False Claims Act cases, health care fraud offenses, and frauds involving federal loans or loan guarantees, to name just a few.
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.
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.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.