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Precision and perfection are ingrained into the mindset of a practicing attorney. After all, millions of dollars can turn on a detail as minute as the placement a single comma in a contract. So when an attorney commits certain errors, it is only natural that he feels a sense of panic.
But the practice of law is an art, not a science. Each new client comes with a unique set of circumstances to which no set formula will apply, and tactical decisions are often made quickly and under tremendous pressure. Unfortunately, the art an attorney practices is sometimes less like that of a painter, whose mistakes can be corrected by a simple brushstroke, and more like the art of war, where one misstep has the possibility for disaster.
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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.
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.
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