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U.S. presidents have power under the 1917 Trading with the Enemy Act to impose embargoes on trade with foreign countries. In 1963, President Kennedy acted under that statute to embargo trade with Cuba and, pursuant to that embargo, the Treasury Department issued the Cuban Assets Control Regulations (“CACR”). The CACR prohibit most transactions between Americans and Cubans. The regulations contain certain exceptions that can be amended, modified or revoked at any time. One such exception allowed Cuban-affiliated entities to register and renew U.S. trademarks.
A Long-Running Case
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.
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.
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.
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.