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Imagine that it's Spring 2020 and you run a warehousing company, in which it is common for your customers to store container-loads of goods in both the short-term (while awaiting a move to the container's next destination) and long-term (perhaps while the entity holding title to the goods in the container finds a buyer). Now imagine you discover that your warehouse contains containers of goods that could help combat the spread of the COVID-19 virus — masks, medical gowns, gloves or other personal protective equipment (PPE).
Or imagine this slightly different scenario: You own a trucking company and learn that your drivers are delivering pallets of hand sanitizer and disinfectants to a residential address. Perhaps they have delivered several pallets in a single delivery, or they are repeatedly bringing goods to the same place.
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.
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.
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.