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Future Trends Regarding White Collar Crime and China
As I mentioned in my post last week, I moderated a roundtable discussion at this year's ABA annual meeting entitled Navigating the White Collar Crime Landscape in China. While the discussion included many unique and interesting insights into current trends and challenges in the field of white collar crime in China, I thought I might share
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The ‘Too Big to Jail’ Effect and the Impact on the Justice Department’s Corporate Charging Policy
Court E. Golumbic & Albert D. Lichy, The 'Too Big to Jail' Effect and the Impact on the Justice Department's Corporate Charging Policy, ssrn abstract – In the wake of the 2008 financial crisis, the failure of the Department of Justice (“Justice Department” or “DOJ”) to bring criminal charges against any financial institutions prompted critics to
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ABA Annual Meeting – Roundtable Discussion Regarding White Collar Crime and China
For those attending this year's ABA Annual Meeting in Boston, I wanted to alert you to a roundtable discussion occurring on Friday, August 8 from 3-5pm (Room 308, Level 3, Hynes Convention Center) entitled Navigating the White Collar Crime Landscape in China. The event, which is co-sponsored by the Chinese Business Lawyers Association, will focus on
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The Development and Evolution of the U.S. Law of Corporate Criminal Liability
Article by Sara Sun Beale (Duke) – The Development and Evolution of the U.S. Law of Corporate Criminal Liability (SSRN)- In the United States, corporate criminal liability developed in response to the industrial revolution and the rise in the scope and importance of corporate activities. This article focuses principally on federal law, which bases corporate
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White Collar Over-Criminalization: Deterrence, Plea Bargaining, and the Loss of Innocence
New Article by Professor Lucian Dervan – White Collar Over-Criminalization: Deterrence, Plea Bargaining, and the Loss of Innocence published in 101 Kentucky Law Journal. The abstract states: Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization
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In the News & Around the Blogosphere
Amanda Bronstad, NLJ, Indictments for Two Former Attorneys General in Utah Oral Argument in the 11th Circuit on Don Siegleman, former governor, postponed to October 13, 2014 – two issues: 1)sentencing; 2) conflict of interest DOJ- Antitrust Division – Lloyds Banking Group Admits Wrongdoing in Libor Investigation, Agrees to Pay $86 Million Criminal Penalty Matt
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In re Kellogg Brown & Root – Privilege, Internal Investigations, and International White Collar Crime – Part II of II
In last week’s post, I discussed the recent case of In re Kellogg Brown & Root (“KBR”) from the perspective of privilege issues and internal investigations generally. Today, I would like to focus our consideration of the KBR case on international investigations and privilege issues. In the KBR matter, a whistleblower alleged that the defense
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Practice Notes: Sauce For The Goose
I enjoy studying upward variance opinions, as they usually contain language and rules that can be used by the defense to support downward variances in other cases. This is true because, whatever specific factors are discussed, federal appeals courts typically speak of what justifies such variances in general terms, not distinguishing between upward and downward excursions. United States v. Ransom,
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In re Kellogg Brown & Root – Privilege, Internal Investigations, and International White Collar Crime – Part I of II
I am honored to join Ellen Podgor, Lawrence Goldman, and Solomon Wisenberg as a blogger on the White Collar Crime Prof Blog. My focus on the blog will be matters related to internal investigations and international white collar crime. To get us started, let’s take a quick look at a new case that relates to
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Rengan Rajaratnam Acquittal Good for Criminal Justice System
As my editor, Ellen Podgor, noted last week (see here), the winning streak in insider trading cases of the U.S. Attorney's Office for the Southern District of New York ended with the jury's acquittal of Rengan Rajaratnam, the younger brother of Raj Rajaratnam, who was convicted of insider trading in 2011 and sentenced to eleven years
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