• Compliance,  Parallel Proceedings

    FIFA Indictments, Corporate Compliance, Alfred Kinsey and Robert Lee

    Law360’s Zachary Zagger has a nice piece on the FIFA prosecution and quotes, among others, Jack Sharman: “Given this many defendants and the fact that there is going to be at least some who are going to cooperate, it would not surprise me if there wasn’t a second wave of charges or people coming out of the woodwork, people you have not heard of yet,” said Jackson R. Sharman III, a white collar criminal defense attorney with Lightfoot Franklin & White LLC. “If it is going to survive, it is going to have to have a more rigorous compliance structure than some of the items that have come across thus far,”…

  • 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…

  • Cooperation Agreements,  Parallel Proceedings

    For Corporate Counsel || Stalking Horses, Pitchfork Crowds, Narrow Neckties, Mr. Rogers’s Slippers and Indicted Employees: 6 Steps To Dodge Being Deweyed

    You may (or may not) recall the Boy Scout Law: “A Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, friendly, brave, clean and reverent.” Your corporate employees, officers and colleagues may exhibit all, some or none of those characteristics.  Even if one masters all the peculiars of the Boy Scout Law, however, strict adherence is no shield against indictment in the situation where one moves from “witness” to “target” for reasons outside the control of the “Scout.” So: herewith 6 lessons to heed if you wish to avoid ending up like a young man named Zachary Warren.   It is unusual for the government to indict leaders of…

  • Evidence,  FCPA,  Legal Education

    Breaking Bad, All the Time: White Collar Crime for Business Lawyers

      The Network of Trial Law Firms is an excellent CLE vehicle.  Here’s a Sharman White Collar Panel Video of a Network panel about white-collar issues for civil lawyers — me, Jackie Arango of Akerman Senterfit (Miami), Joel Neckers of Wheeler Trigg (Denver) and Gerry Leone of Noxon Peabody (Boston).  Here’s the blurb from the Network program: No one thinks of themselves, their employees or their company as “criminals.” On the other hand, Walter White was once just a chemistry teacher. The lines between what are business-crime problems and what are traditional corporate civil issues — compliance, due diligence, regulatory recordkeeping and permitting, whistleblowers, confidentiality, privilege and indemnification — have…

  • Parallel Proceedings,  Sentencing

    White-collar news stories via White Collar Crime Prof Blog

    Good roundup of white-collar news stories from Ellen Podgor and White Collar Crime Prof Blog: Mark Hamblett & Sara Randazzo, The AmLaw Daily, Ex-Kirkland Partner Sentenced to One Year For Tax  Fraud George J. Terwilliger III, National Law Journal, Walking a Tightrope in White-Collar Investigations AP, Las Vegas Sun, Ex-Akamai exec barred for 5 years in SEC case; Bob Van Voris, Bloomberg, Ex-Akamai Executive Settles SEC Suit Over Rajaratnam Tips Nate Raymond, Reuters, Baltimore Sun, U.S. prosecutor cautions against white-collar sentencing revamp Jennifer Koons, Main Justice, Former Enron Prosecutor Tapped to Head Criminal Division Zachery Fagenson, Reuters, Ex-Bolivian anti-corruption official denied bail in Miami extortion case