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Yates Memo Hot Topic
Sally Yates' new DOJ Memo has been a hot topic. (see here, here, here). Check out Sara Kropf's terrific entry here reporting and questioning the Yates Memo influence in a recent indictment of a corporate employee. But one wonders if this DOJ claim that they have changed their policy is anything new. Has DOJ forgotten
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Fantasy Sports
Looks like the NY Attorney General has decided to take a lead in stopping some fantasy sports companies. (see Walt Bogdanich, Joe Drape, and Jacqueline Williams, Attorney General Tells DraftKings and FanDuel to Stop Taking Entries in New York.) Some are wondering if other states will get on the bandwagon. But others of us are wondering
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Why Hastert Had To Be Prosecuted
Guest Blogger – Steven H. Levin White-collar laws are written broadly in order to permit federal prosecutors to combat the increasingly creative, technologically complex efforts of enterprising criminals. Most, but certainly not all, prosecutors make rational decisions based upon the best possible expenditure of resources, the assessment of the jury appeal of a particular case,
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The Growing Role of Technology and Big Data in White Collar Cases
Three recent articles confirm the growing significance of technology and big data to both the general practice of law and the field of white collar crime in particular. The first article, appearing in Enterprise Tech, is entitled Big Data Plays Arresting Role in White Collar Crime. The piece discusses the manner in which analytical tools
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Dewey & LeBoeuf Trial Ends in Hung Jury
The five-month criminal trial of three leaders of the defunct law firm of Dewey & LeBoeuf ended in a deadlocked jury on most major charges (and many acquittals of falsifying business records charges). Most jurors were reportedly in favor of total acquittals of Steven H. Davis, the law firm's chairman, and Steven DeCarmine, its executive director. The
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Making the Yates Memo Work: Two Reform Proposals
The Yates Memo is all the rage. DOJ is saber-rattling at various CLE events and bloggers are holding forth on what it actually means. But wanting isn't getting. The question remaining is how to make sure that the company coughs up, or an investigation reveals, wrongdoing that occurred at the highest levels. Here are two modest reform proposals
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Food for Thought re Last Week’s Peanut Sentencing in Georgia
Just over a year ago, Stewart Parnell, the former CEO of Peanut Corporation of America (PCA), was convicted by a jury in the Middle District of Georgia of charges related to a deadly nationwide salmonella outbreak. The matter came to the government’s attention in late 2008 when people began falling ill across the country. The
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Just Who is Under that DOJ Bus?
You are the CEO, General Counsel, or Audit Committee of a big publicly traded company. Some whistleblower dimes the company out to the SEC and DOJ. It seems very likely that a crime has been committed. Class action lawsuits, qui tam complaints, and DOJ and SEC investigations are a foregone conclusion. What are you gonna do? Tell the SEC and DOJ
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No “Fowl” Play: Fifth Circuit Overturns Migratory Bird Treaty Act Convictions
Guest Blogger – Erin Okuno Foreman Biodiversity Fellow, Institute of Biodiversity Law and Policy, Stetson University College of Law Recently, the U.S. Court of Appeals for the Fifth Circuit overturned convictions under the Migratory Bird Treaty Act ("MBTA") and the Clean Air Act ("CAA") in the case of United States of America v. CITGO Petroleum
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GM Deferred Prosecution Agreement and the “New” DOJ Corporate Prosecution Policy
Just days ago, DOJ came down with a new corporate directive (discussed here) describing a shift in investigation policy. The new focus would be on the prosecution of individuals within the entity. It states: "2. Both criminal and civil corporate investigations should focus on individuals from the inception of the investigation. Both criminal and civil attorneys should
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