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Gang life marked by death and prison is a common theme not subject to copyright, the U.S. Court of Appeals for the Third Circuit held in affirming dismissal of a suit by an author who claimed recording artist 50 Cent stole from his autobiography. Winstead v. Jackson, 11-3771. The 'story of an angry and wronged protagonist who turns to a life of violence and crime has long been part of the public domain,' the federal appeals court noted.
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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.
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.
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