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High Marks for Mounting U.S. Foreign Anti-Bribery Efforts -Part 4 of a 5-Part Series
Guest Blogger – T. Markus Funk OECD Phase 3 Report's General Findings The 68-page OECD Phase 3 report, issued on October 21, 2010, represents what some regard as the largest available collection of statistics and other information on the Foreign Corrupt Practices Act (FCPA). The assessment provides issue-by-issue analysis of ongoing U.S. enforcement efforts, highlighting
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Conrad Black Seventh Circuit Remand Opinion
Oh well. Nobody ever accused Judge Posner of being subtle. Bottom line: the Seventh Circuit upholds the obstruction of justice and two fraud counts and sends one count back for retrial. But then Judge Posner suggests that the government move to dismiss the remanded count and that the trial court re-sentence Black to the original sentence based on
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High Marks for Mounting U.S. Foreign Anti-Bribery Efforts -Part 3 of a 5-Part Series
Guest Blogger – T. Markus Funk DOJ's Heavy Reliance on Non-Prosecution and Deferred-Prosecution Agreements Although non-prosecution agreements and deferred prosecution agreements have been in use since the early 1990s, the October 21, 2010, OECD Phase 3 report points out that only in recent have they become household tools for Main Justice prosecutors: Non-prosecution agreements and
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Cooperation Costs – New Scholarship
Cooperation Costs by Miriam H. Baer (Brooklyn) – forthcoming article is Washington U. Law Review – here SSRN Abstract: This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants reduced sentences in exchange for their assistance in apprehending other criminals. On one hand, cooperation increases the
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High Marks for Mounting U.S. Foreign Anti-Bribery Efforts -Part 2 of a 5-Part Series
Guest Blogger – T. Markus Funk U.S. Anti-Corruption Efforts At An All-Time High The U.S. government has placed the fight against bribery of foreign public officials at the top of its list of critical law enforcement priorities. The October 21, 2010, OECD Phase 3 report concludes that this focus translates into vigorous law enforcement action:
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In the News & Around the Blogosphere
Daniel Wise, law.com, NYLJ, AIG's Greenberg Found Liable for Fraudulent Action Ginny LaRoe, law.com, The Recorder, Federal Prosecutors Want to Ditch Remainder of Silicon Valley Economic Espionage Case (hat tip to Ivan Dominguez) Lynnley Browning, NYTimes, U.S. Drops Criminal Charges Against UBS ABC News – Should Cyberbullying Be Illegal?, (Including commentary by Dan Gelb (Gelb
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Overcriminalization 2.0 – An Incredible Conference
Held at the Georgetown Conference Center, the Journal of Law, Economics and Policy, the Law and Economics Center at George Mason University School of Law, NACDL, and the Foundation of Criminal Justice joined together last Thursday for a conference entitled Covercriminalization 2.0: Developing Consensus Solutions. An introduction to this conference by Norman Reimer, Executive Director of
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High Marks for Mounting U.S. Foreign Anti-Bribery Efforts -Part 1 of a 5-Part Series
Guest Blogger – T. Markus Funk On October 21, 2010, the Organization for Economic Cooperation and Development (OECD) issued its much-anticipated "Phase 3" report. This weighty report formally grades the U.S.'s constantly constricting anti-bribery enforcement noose, concluding that U.S. efforts provide a model other nations seeking to similarly fortify their anti-corruption efforts should emulate. The
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Overcriminalization Hurts
Lesley Clark at the Miami Herald tells the story of Abner Schoenwetter, a victim of overcriminalization, in an article titled Congress Looks at Law that Criminalizes Non-Criminal Behavior. Mr. Schoenwetter recently traveled to Washington to testify before a congressional committee. His testimony, along with others at the hearing, can be found here. Mr. Schoenwetter's case arose with
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Three Federal Grand Jury Reforms
I had a fun time commenting about grand jury reform yesterday at the Overcriminalization 2.0 Conference in Washington, DC–our nation's capital. Here are three of my ideas for improving the federal grand jury's fairness. No doubt others have thought of these improvements as well. 1. All fraternization between prosecutors and grand jurors should be strictly forbidden. Federal
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