• Presumption of Innocence,  Social Media,  Trials, Judges and Jurors

    “Fantastic Lies” and Corporate Criminal Prosecution

    When the past is dug up in documentaries (or docudramas), events are often sensationalized.  This practice is of long pedigree: Shakespeare was not above amping up an old story when it suited his needs.  Unfortunately, few filmmakers are at Shakespeare’s level, and the sensationalism ends up being no more than that.  The viewer has no better sense of the past than he did when he began.  The only sense the viewer has is the sense that she has been had. On the other hand, from time to time a documentary digs up the past but cools down the facts, making them approachable in a way that would have been impossible…

  • 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…

  • Internal Investigations,  Parallel Proceedings,  Universities

    Title IX, University Discipline, Sexual Assault and Parallel Proceedings

    A short — 140 seconds — note on the thickets of Title IX, sexual assault, university discipline and parallel procedures: University Discipline, Sexual Assault and Parallel Proceedings from LFW on Vimeo. Here’s a longer written piece: Dear Colleagues All: University Discipline, Sexual Assault and The Department of Education And, should anyone doubt the human costs involved in the mishandling of such investigations, one only need to recall disgraced prosecutor Mike Nifong and the Duke lacrosse case, as highlighted by Ed Bradley and 60 Minutes:

  • Parallel Proceedings,  Universities

    Dear Colleagues All: University Discipline, Sexual Assault and The Department of Education

    Title IX. Crime. Sexual assault. University disciplinary procedures. Civil litigation. Enormous amounts of money. The Fifth Amendment. And that’s all before you hire a lawyer. This is a perilous time for university disciplinary systems and those who administer them, especially with regard to claims of sexual assault.  A college or university can find itself in the midst of – indeed, at the helm of – a set of quasi-criminal parallel proceedings that can make the school liable to student complainants, student respondents and federal enforcement authorities. How does this happen, and what are the factors to keep in mind to minimize that exposure? Disciplinary systems and educational missions have been…

  • Compliance,  Fourth Amendment

    Dude, That’s My Lighter: Lacrosse, Suspensions, the Fourth Amendment and the White-Collar Thanatos of Zero Tolerance

    The relationship between lacrosse and white-collar crime is not obvious, although for much of its 20th century history the sport was powered by mid-Atlantic and New England prep-school products whose high schools also provided several All-American rosters of white-collar defendants.  And even for perfectly lawful activities, there has long been a close relationship between lacrosse and Wall Street, as shown in this 2008 Wall Street Journal article about how On Lacrosse Fields, A Battered Bank Is Still a Player The story of how these Maryland lacrosse players’ case moves into court  raises some curious insights, though, into matters of compliance and internal policing, not to mention Fourth and Fifth Amendment…