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The Coming Honest-Services Storm
Not since 1987, when the Supreme Court issued its bombshell decision in McNally v. United States, 483 U.S. 350 (1987), has the honest-services mail fraud doctrine received as much attention as in recent months. In addition to the continuing drumbeat of high-profile federal prosecutions in district courts ' from lobbyist Jack Abramoff to former Governor Rod Blagojevic of Illinois to powerhouse New York state senator Joe Bruno ' the Supreme Court will hear three cases this term involving the controversial doctrine. When the dust settles, it is possible that one of prosecutors' favorite weapons will have been sharply restricted or taken away.
A Bit of History
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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.