• Agencies,  Trials, Judges and Jurors

    Brand’s Memo and Dan’s Desk

    Last month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may not use federal agencies’ “guidance documents” in civil lawsuits brought by the government.  Ms. Brand has since left the department to take a position in the private sector, but her memorandum lives on and may have significant effect for American regulated businesses not only for civil litigation – its stated goal – but also for corporate criminal indictments and trials. What Does The Memo Say? The Brand Memo, which is brief, follows up on a November 16, 2017 policy memo issued by Attorney General Jeff…

  • Public Corruption

    Public Corruption, Alabama, the Hurry-Up Offense and Lynyrd Skynyrd

    According to the  FCPA Blog, Alabama is supposedly the 6th most-corrupt state in the Union.  Mississippi takes top honors.  Oregon claims to be the least corrupt.  (Perhaps the Ducks’ hurry-up offense leaves no time for kickbacks).  Here is the full study. By “corruption,” the authors focus on public corruption as prosecuted by DOJ’s Public Integrity Section.     Public Integrity’s track record in Alabama has been mixed, though, most recently in the “bingo” acquittals. For some white-collar defendants, it may be Sweet Home, Alabama after all, but there can be immense pain, expense and destruction along the way.