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Grant Money Doesn't Come Free: How to Keep Your Company Out of Trouble When Using Federal Funds
The American Recovery and Reinvestment Act has already begun to pump billions of dollars into federal grant programs that run the gamut from education to the environment to infrastructure improvement. This unprecedented influx of capital has attracted both long-standing recipients of federal grants ' such as state and local government, colleges and universities, and non-profit organizations ' as well as many newcomers to the federal grant process, including private, for-profit companies.
For example, the Recovery Act appropriates literally billions of dollars for the development of green technologies, including $2 billion for advanced battery projects, $6.7 billion for energy efficiency programs, and $93 million for wind energy projects with an emphasis on research and development. Many of these funds are available on a competitive basis to for-profit companies as well as those long-standing recipients noted above. And that's just the funding available from the Department of Energy. Many other federal agencies also received billions of dollars in Recovery Act funds that will, in turn, be spent through federal grant awards. For instance, the Department of Defense has allocated $300 million for near-term energy-efficiency research and demonstration projects. Additionally, some of the funding allocated to the National Science Foundation will undoubtedly be available for clean-energy research and development (potential applicants can locate programs of interest on a federal Web site, www.grants.gov).
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.