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In the Courts
Tenth Circuit Holding Broadens Scope of Internet Communications
On June 11, 2012, in United States v. Kieffer, 681 F.3d 1143 (10th Cir. 6/11/12), the Tenth Circuit held that testimony by website end-users in two different states was sufficient proof that “a transmission in interstate commerce” occurred, as required for conviction under the federal wire fraud statute, 18 U.S.C.
' 1343. The case involved false statements, contempt of court and wire-fraud allegations against defendant Howard Kieffer, a now somewhat notorious criminal defense “attorney” who practiced law without a license, representing scores of individuals as a trial and post-trial advocate and gaining admission to federal trial and appellate courts across the country despite never having attended law school or sat for any bar examination.
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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.