The Presumption of Innocence Podcast: Episode 64 - Cages We Built: The Making of Mass Incarceration in America
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney
Introduction to RICO: What You Need to Know - RICO Report Podcast
Adult-Use Marijuana Legalization in NYS – What You Need to Know
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
The federal sentencing landscape in the United States could undergo a significant transformation with recent amendments to update the United States Sentencing Guidelines that will go into effect on November 1, 2025, unless...more
Five more judges on the U.S. Court of Appeals for the Third Circuit agree with their colleague that courts must not “reflexively defer” to the U.S. Sentencing Guidelines commentary and should instead follow the rule of lenity...more
Comcast Corp. v. National Assn. of African American-Owned Media, No. 18-1171: An African American-owned television-network operator, Entertainment Studios Network (“ESN”), unsuccessfully tried to have Comcast carry its...more
Last week the Justice Department (DOJ) announced a resolution of the long standing Foreign Corrupt Practices Act (FCPA) enforcement action involving Telefonaktiebolaget LM Ericsson (Ericsson), a multinational networking and...more
The US Sentencing Guidelines permit reductions of criminal penalties based on a business organization’s inability to pay criminal fines, but were unclear about how it would make such determinations. An October 8 memorandum...more
The criminal division of the U.S. Department of Justice formalized the criteria it will use to evaluate corporate defendants’ claims of inability to pay fines or monetary penalties. The memorandum, published October 8, 2019,...more
On October 8, 2019, the Department of Justice (“DOJ”) issued a memorandum (“Memorandum”) providing guidance on how the DOJ’s prosecutors will handle inability-to-pay claims from companies, intending to provide companies—and...more
The Department of Justice Criminal Division has clarified its policy on the Department’s assessment of a company’s claim that it cannot afford to pay a criminal fine in a memorandum issued on October 8, 2019. Criminal...more
The Situation: On October 8, 2019, the U.S. Department of Justice ("DOJ") announced two significant developments relating to the enforcement of white-collar crime: (i) new guidance on how prosecutors should evaluate requests...more
On October 8, 2019, the US Department of Justice (DOJ or Justice Department) issued new guidance on evaluating inability-to-pay arguments in a memorandum to the Criminal Division. The memorandum provides considerably more...more
On September 12, 2019, Deputy Assistant Attorney General Matthew Miner signaled that the Department of Justice may provide further guidance to prosecutors—and companies—on how to evaluate claims of corporate poverty. In a...more
The Supreme Court of the United States issued five decisions today: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, No. 16-111: In 2012, a same-sex couple filed a complaint with the Colorado Civil Rights...more
On April 5, 2016, in an effort to bolster FCPA Compliance, the Department of Justice issued its "Foreign Corrupt Practices Act Enforcement Plan and Guidance" identifying the following three steps to enhance its FCPA...more
Pursuing a classic “carrot and stick” approach to incentivizing corporate self-disclosure of FCPA violations and individual wrongdoing connected to FCPA violations, the Department of Justice (DOJ) Fraud Section announced a...more
Violations of the Foreign Corrupt Practices Act (“FCPA”) can lead to hefty penalties. Indeed, individuals who violate the FCPA, and their employers, could be on the hook for a variety of penalties described below. Companies...more