• Deferred Prosecution Agreements

    Need to Know | Nuts-and-Bolts of The Toyota Deferred-Prosecution Agreement

    From the Wall Street Journal‘s law blog (@WSJLaw and @jacobgershman), here is a good summary of the Highlights from Toyota’s Deferred Prosecution Agreement With Prosecutors.  Note that the agreement provides, as is common, for the appointment of an independent monitor, and the scope of the monitor’s review-authority seems quite broad.  (Perhaps the Government had in mind Apple’s recent battles with its monitor). Here is a copy of the Toyota deferred prosecution agreement. For further reading about the benefits and burdens of DPAs, we’ve discussed them before: White Collar Wire on deferred prosecution agreements

  • Deferred Prosecution Agreements

    Confidentiality and Transparency in Deferred Prosecution Agreements

    Here’s a note about.DOJ Transparency In Deferred Prosecution Agreements Professor Podgor argues: It is hard to believe that someone would have to file a lawsuit to obtain information about a non-prosecution agreement of a corporation.  One can understand the need to protect individuals from the sting of criminality when an agreement is reached to defer a prosecution or when an individual is being spared a prosecution as an alternative method to rehabilitate that individual.  But corporations are not afforded the same rights as individuals. The government is quick to note that corporations do not have the same rights as individuals when they are trying to obtain corporate documents.  Fair enough, and…

  • Deferred Prosecution Agreements

    Deferred Prosecution Agreements and the Individual

    The first SEC deferred-prosecution agreement for an individual raises a couple of issues.  Here is the document itself:  SEC DPA With Herckis First, a reminder.  A “deferred prosecution agreement” is what its name implies.  It’s an agreement between a company (and now, an individual) that puts off — for good, hopefully — prosecution on the condition that the defendant/respondent complete a certain course of action laid out in the agreement (for example, hiring an independent corporate monitor or auditor who will report to the government). Second, there is guidance on DPAs in the United States Attorney’s Manual.  Review the 2010 Grindler Memorandum, which is an amendment to the 2008 Morford Memorandum.  The Morford…

  • Compliance,  Evidence

    Deferred Prosecutions and Decisions Not To Indict

    Two recent articles in @Dealbook are worth noting because of their discussion of what goes into two very important parts of the American enforcement system: deferred prosecution agreements and a prosecutor’s decision to not indict. In For a Better Way to Prosecute Corporations, Look Overseas,  Brandon L. Garrett (a professor at University of Virginia School of Law) and David Zaring (an assistant professor of legal studies at the Wharton School of the University of Pennsylvania) discuss the spread abroad of an American idea — the deferred prosecution agreement: The favored new tool of the corporate prosecutor, the deferred prosecution agreement, is being actively exported to other countries. In these agreements,…

  • Social Media

    Booze Beats Law: Subscribe to White Collar Wire

    Please take a moment to subscribe to White Collar Wire’s email newsletter.  You’ll get notice of articles before anyone else in the Western world. Just look to the left where it says, very helpfully: Subscribe to our Newsletter Enter your email address and press the “Subscribe” button with the unnecessary exclamation point. If you are a mission-statement type, here’s ours: This is a blog about business crime.  We post stories about news, cases, judicial opinions, practical tips and scholarly work regarding white-collar criminal and civil enforcement, grand jury investigations and regulatory compliance.  We want to be useful to businesspeople, internal counsel, defense lawyers in private practice, prosecutors and law-school teachers.…

  • Crime Fiction,  Deferred Prosecution Agreements,  Grand Jury,  Lawyers,  Poetry,  SEC,  Style and Grammar

    The Freedom of Little Joe Cartwright: Tax Crime, Edgar Allan Poe, Noir Film and Lacrosse

    Notes for the week. Prosecuting Individuals Federal criminal tax lawyer Jack Townsend blogs at Federal Tax Crimes.  Here is his note on Prosecuting Corporate Employees, particularly in the tax context: I have previously blogged on Professor Brandon Garrett (UVA Law) who have carved out an academic niche on how the Government deals with corporate crime, particularly large corporate crime (the too big to jail group). See e.g., Judge Jed Rakoff Reviews Brandon Garrett’s Book on Too Big to Jail: How Prosecutors Compromise with Corporations (Federal Tax Crimes Blog 2/10/15), here. At the risk of oversimplifying his arguments, I summarize them in part relevant to this blog entry: When the Government goes…

  • Bribery,  Deferred Prosecution Agreements

    White-Collar Crime, DPAs and Repeat Business

    The phenomenon of extending corporate deferred-prosecution agreements (or “DPAs”) continues, as here with medical device maker Biomet, and controversy inevitably ensues: Life was supposed to return to normal for Biomet, the giant medical devices manufacturer accused of foreign bribery, when its federal probation expired next week. But on Tuesday, Biomet disclosed that prosecutors would extend its probation another year as they investigate new evidence of wrongdoing at the company, the Justice Department’s latest attempt to stem a widening pattern of corporate recidivism. The Department of Justice, however, has been clear recently: “Make no mistake: The criminal division will not hesitate to tear up a D.P.A. or N.P.A. and file criminal…

  • Cocktails,  Crime Fiction,  Theology

    Crime, Cocktails, Fiction and Scripture: blogs, links and sources on white-collar crime, cocktails, crime fiction and theology

    We have recently updated and supplemented our “Blogs | Links | Sources” page here.  It might be the most useful page on the site, with multiple links to writers and journalists dealing with White Collar Wire’s primary afflictions: white collar crime, cocktails, crime fiction and theology. Blogs|Links|Sources White Collar Generally Walt Pavlo  — excellent source of daily news and commentary.  Also, see his articles in Forbes. PonziTracker — by Jordan Maglich.  The source for all things Ponzi. DealBook — New York Times blog led by Andrew Ross Sorkin. White Collar Crime Prof Blog — thoughtful source edited by Ellen Podgor, with contributions by Solomon Wisenberg. White Collar Watch — by Peter…

  • Internal Investigations,  International

    Internal Investigations, the KBR Decision and International Investigations

    In a recent post, we touched on the importance of the D.C. Circuit’s decision in KBR concerning privilege and internal investigations: Post-recession, we are living through an era of regulators’ grimaces and prosecutors’ giddiness. Editorialists and bloggers want business scalps, especially scalps of individuals (as opposed to simple monetary fines for corporations), and most especially scalps of those in banking and finance.  In the wake of the GM report and other stories about lawyers, the role of business lawyers is as suspect in the public mind as it has been for decades.  It’s as though everybody smells a rat. On the other hand, faced with ever-increasing and increasingly complex regulation, companies’ need…

  • Internal Investigations,  Privilege

    It’s Okay To Smell A Rat: Internal Investigations, Attorney-Client Privilege and the KBR Decision

    Post-recession, we are living through an era of regulators’ grimaces and prosecutors’ giddiness. Editorialists and bloggers want business scalps, especially scalps of individuals (as opposed to simple monetary fines for corporations), and most especially scalps of those in banking and finance.  In the wake of the GM report and other stories about lawyers, the role of business lawyers is as suspect in the public mind as it has been for decades.  It’s as though everybody smells a rat. On the other hand, faced with ever-increasing and increasingly complex regulation, companies’ need to conduct self-reviews and internal investigations is unavoidable. Indeed, in many industries, the governing set of rules require companies to…

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