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Supreme Court: Defendants Entitled to Adequate Assistance During Plea Bargaining
The U.S. Supreme Court recently held that the Sixth Amendment guarantees criminal defendants the effective assistance of counsel during the negotiation and consideration of plea offers. In companion cases Missouri v. Frye, 132 S. Ct. 1399; 182 L. Ed. 2d 379; 2012 U.S. LEXIS 2321, and Lafler v. Cooper, 132 S. Ct. 1376; 182 L. Ed. 2d 398; 2012 U.S. LEXIS 2322, both 5-4 decisions, Justice Anthony Kennedy examined defense counsel's role in the plea bargaining process, focusing on what is required of counsel in advising clients of proposed plea bargains, and in what circumstances counsel's advice constitutes ineffective assistance. These rulings are likely to impact complex business crimes matters, where plea negotiations often play a pivotal role in the prosecution.
The Decisions
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.
A Lawyer's System for Active Reading
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.