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The DOJ's FCPA Pilot Program Wins Some White-Collar Praise, to a Point
Weighing the risks of self-reporting a bribery violation or hiding it has always been a thorny issue for companies. And that's the dilemma at the heart of the U.S. Justice Department's (DOJ) pilot program for violations of the Foreign Corrupt Practices Act (FCPA). While the one-year program has made companies a little more trusting of prosecutors, the decision to self-report a foreign bribe is no less gut-wrenching, according to FCPA lawyers.
The Justice Department is mulling whether to continue the pilot program or to modify it. Most lawyers who have participated in the program said it should be continued, but with more clarity for companies.
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.
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.
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.
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.