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Criminal Procedure
Dealing With Experts on Competence to Stand Trial: Suggestions and Approaches -- Part Two, by
John T. Philipsbrn.
A legitimate question can arise about how influential these organizational ethical principles are to an expert who professes not to belong to a given organization. Nevertheless, both in decisions of reviewing courts on constitutional law and criminal procedure issues, as well as in civil case decisions pertinent to practice and malpractice by psychologists and psychiatrists, courts have made reference to the predominant ethical codes and standards of practice of the dominant organizations.
In addition to the general standards of practice and generalized ethical standards pertinent to the mental health professions, there are a number of standards that govern in the arena of competence to stand trial assessments.
Non-Specific.
1 pages. Written:
2008. Added:
5-30-2009.
nacdl.org
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Criminal Procedure
Representing a Client Charged With Violating Conditions of Supervised Release--Part I, by
Douglas A. Morris.
Probationers and those who serve a term of supervised release are similar because they both report to a probation officer, the violation reports are the same, and the district court will consider Chapter Seven of the Sentencing Guidelines when determining the appropriate sentence. As to the distinction between the two, “probation is imposed instead of imprisonment, while supervised release is imposed after imprisonment.”
Non-Specific.
1 pages. Written:
2006. Added:
4-05-2009.
nacdl.org
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Criminal Procedure
Representing a Client Charged With Violating Conditions of Supervised Release--Part Two, by
Douglas A. Morris.
Chapter Seven, like the balance of the Sentencing Guidelines after Booker, merely suggests the appropriate sentence and the district court need not follow those suggestions. In fact, Chapter Seven, which is a policy statement, appears to continue to have some lower value than the portions of the Sentencing Guidelines that are “true” Guidelines, even though the remedial portion of Booker held that the entire Sentencing Guidelines are advisory.
Non-Specific.
1 pages. Written:
2006. Added:
4-05-2009.
nacdl.org
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Criminal Procedure
Dealing With Experts on Competence to Stand Trial: Suggestions and Approaches -- Part Two, by
John T. Philipsbrn.
Indeed, the AMA and several states have discussed expert medical testimony as a form of medical practice. This is an important development, as it emphasizes the concern for adherence to standards. In addition to the general standards of practice and generalized ethical standards pertinent to the mental health professions, there are a number of standards that govern in the arena of competence to stand trial assessments.
Non-Specific.
1 pages. Written:
2008. Added:
4-04-2009.
nacdl.org
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Criminal Procedure
Daubert Challenges to Experts in Federal Criminal Cases: An Overlooked Defense, by
Michael A. Morse; Alexandra C. Gaugler.
In our experience, mounting a Daubert challenge to the government’s expert is an essential part of a zealous, effective defense. Besides the potential for knocking out or limiting a key government witness, a thoughtful Daubert challenge can: (1) provide crucial insight into the government’s case; (2) expose weaknesses in the government’s theory; and (3) lock in the testimony of the government’s witness.
Non-Specific.
1 pages. Written:
2007. Added:
4-03-2009.
nacdl.org
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Criminal Procedure
Challenging Pretrial Lis Pendens on Substitute Property, by
Richard L. Holcomb; David B. Smith.
The filing of lis pendens and procedures to challenge lis pendens are governed by the law of the state in which the property is located. Thus, the procedures obviously vary from state to state. Absent restraint on the government’s action from the federal courts, a lawyer could be forced to travel from state to state challenging various lis pendens filings. The matter is further complicated by the fact that the defendant and the lawyer may never know that a lis pendens has been filed. In United States v. Parrett, the government filed the lis pendens without notifying the defendant that the lis pendens had been filed.
Non-Specific.
1 pages. Written:
2008. Added:
4-03-2009.
nacdl.org
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Criminal Procedure
A Practitioner's Guide to The Crack Retroactivity Amendment: Overcoming the Many Obstacles to Justice, by
Anne E. Blanchard; Sarah S Gannett.
This article discusses the adoption of the retroactivity amendment and litigation strategies for ensuring that your clients receive the maximum possible benefit under it. Beware, however, because the landscape surrounding the retroactivity amendment is changing quickly and frequently.
Non-Specific.
1 pages. Written:
2008. Added:
4-02-2009.
nacdl.org
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Criminal Procedure
The Stored Communications Act and Private E-Mail Communications, by
Martin C. Weinberg; Robert M. Goldtsein.
This article will discuss the relevant statutory sections, how and why the government’s use of the Act violates the Fourth Amendment and contradicts the Supreme Court’s well-seasoned “closed container” jurisprudence, and why the government’s arguments to the contrary are not persuasive. We will utilize the facts and arguments presented in Warshak for contextual flavor, as well as a paradigm to demonstrate the government’s narrow view of the Fourth Amendment and its expansive use of the SCA.
Non-Specific.
1 pages. Written:
2007. Added:
4-01-2009.
nacdl.org
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Criminal
Providing Counsel in Crack Retroactivity Amendment Cases - Sensible and Constitutionally Required, by
Amy Baron-Evans.
The Criminal Justice Act requires counsel for any financially eligible person who is entitled to appointment of counsel under the Sixth Amendment. Most judges recognize that all potentially eligible prisoners, including those filing pro se motions and those who come to their attention with no motion having been filed at all, should be represented by either the federal public defender or CJA counsel, for reasons of efficiency, accuracy, and simple fairness.
Non-Specific.
1 pages. Written:
2008. Added:
3-30-2009.
nacdl.org
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Criminal
The Legally Compelled Mailing Doctrine: Defending Mail and Wire Fraud in the Wake of United States v. Lake, by
Dominique E. Heller.
One defense, however, was recently asserted with astoundingly successful results such that it merits further discussion: the legally compelled mailing doctrine. This article discusses the origin of the legally compelled mailing doctrine, the historical judicial interpretation of the doctrine, and the implications of the doctrine’s recent re-affirmation and expansion in United States v. Lake.
Non-Specific.
1 pages. Written:
2008. Added:
3-16-2009.
nacdl.org
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Criminal Procedure
Potential Post-Hudson Pitfalls, by
Richard L. Holcomb.
This article addresses whether suppression of evidence will continue to be required in order to deter illegal conduct of law enforcement officers during the execution of a search warrant, as opposed to the procurement or facial deficiency of the search warrant.
Non-Specific.
1 pages. Written:
2007. Added:
3-16-2009.
nacdl.org
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Criminal Procedure
How the Adam Walsh Act Restricts Access to Evidence, by
Ian N. Friedman; Kristina Walter.
The purpose of this article is to examine § 3509(m) of the Adam Walsh Act and how it impedes a defense attorney’s ability to prepare for a trial involving charges of possession of child pornography. The article will examine the rationale for the amendments to 18 U.S.C. § 3509 and will discuss the use of experts in the defense of computer-based child pornography cases. Finally, the article will highlight the legal problems posed by § 3509(m) and comment on current case law, including the pending case of United States v. Knellinger.
Non-Specific.
1 pages. Written:
2007. Added:
3-16-2009.
nacdl.org
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Criminal Procedure
Federal Law Issues in Obtaining Evidence Broad - Part One, by
Linda Friedman Ramirez.
Despite the growing importance of transnational issues in domestic prosecutions, defense counsel must overcome significant disadvantages when seeking to obtain evidence abroad or raising extraterritorial due process claims. This article seeks to introduce defense attorneys to some of the case law relevant to these issues. Attorneys are encouraged to refer to other resources to be most effective in securing foreign evidence.
Non-Specific.
1 pages. Written:
2007. Added:
3-15-2009.
nacdl.org
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Criminal Procedure
The Problem of False Confession in America, by
Richard A. Leo.
Throughout American history, police-induced false confessions have been among the leading causes of wrongful conviction. It is easy to understand how beatings, torture, sleep deprivation, and threats of violence may lead an innocent suspect to falsely confess. Yet with psychological interrogation methods, the idea that an innocent person would confess to a crime he did not commit – particularly to a felony that carries the possibility of a lengthy prison sentence or even the death penalty – is highly counterintuitive.
Non-Specific.
1 pages. Written:
2007. Added:
3-15-2009.
nacdl.org
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Criminal Procedure
The Continuing Struggle for Just, Effective and Constitutional Sentencing After United States v. Booker: Why and How the Guideli, by
Amy Baron-Evans.
In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court held that judicial determinations of fact not found by a jury or admitted by the defendant to increase sentences under the Federal Sentencing Guidelines violated the Sixth Amendment. The Court made § 3553(a) the governing sentencing law, thus rendering the guidelines “advisory,” and prescribed a unitary standard of review -- “unreasonableness” with regard to § 3553(a) -- for all sentences within or outside the guideline range.
Non-Specific.
1 pages. Written:
2006. Added:
3-09-2009.
nacdl.org
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Criminal Procedure
Federal Law Issues in Obtaining Evidence Abroad -- Part Two, by
Linda Friedman Ramirez.
It is important for counsel to begin the process as soon as possible so that he or she can seek judicial intervention in the event of any unreasonable delay or denial. Moreover, this allows counsel to make an appropriate record for purposes of appeal if the government has unreasonably refused to grant a visa. In addition, if there is any possibility that the witness does not, in fact, want to testify and fails to cooperate with the visa application process, the defendant will be in a better position to argue that the witness is “unavailable” for purposes of Rule 15(a) of the Federal Rules of Criminal Procedure.
Non-Specific.
1 pages. Written:
2007. Added:
3-09-2009.
nacdl.org
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Criminal Procedure
(Not So) Lovely Rita, by
Steven G. Kalar; Jon M. Sands.
A Non-Binding Presumption, for Non-Binding Guidelines, for our Non-Binding Constitution. The previous bold pronouncements of a categorical Sixth Amendment right rang hollow with this recasting. Booker left many questions unresolved, including what role the Guidelines would play as but one of a number of sentencing factors to be considered by a court in imposing sentence under the Sentencing Reform Act, and how such sentences would be reviewed on appeal under the newly created “reasonableness” standard. It was hoped that this term’s decision of Rita v. United States would begin to resolve these issues. Instead, Rita provides more questions than answers.
Non-Specific.
1 pages. Written:
2007. Added:
3-09-2009.
nacdl.org
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Criminal Procedure
Surprise, Surprise: Is Proper Notice Still Required for an Above-Guidelines Sentence in Federal Court?, by
Mark P. Ranking.
This article provides a brief overview of the (potentially still applicable) pre-Booker notice requirement for non-guideline sentences, as well as an analysis of post-Booker rulings on this issue. The article focuses particularly upon the unsettled state of the law among the federal appeals courts. Finally, it provides practical advice to defense counsel going forward in federal cases.
Non-Specific.
1 pages. Written:
2007. Added:
3-09-2009.
nacdl.org
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Criminal Procedure
In Good Form: Criminal Motion Practice, by
Thomas J. Farrell.
Article discusses procedural matters that can be advanced in criminal matters.
Non-Specific.
3 pages. Written:
2009. Added:
1-13-2009.
Legal Assistant Today
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e-Discovery
A Criminal’s View to Hiding Electronic Data, by
Fios.
It might seem strange that a person who works in the electronic discovery business would ever write from the point of view of a criminal, but after seeing some of the decisions made by attorneys, the courts and others in this business, adopting the criminal mindset might help us uncover some of the common mistakes made during e-discovery – and attempt to right them so they can be avoided in the future.
Non-Specific.
1 pages. Written:
2008. Added:
12-13-2008.
fiosinc.com
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Criminal
"White Collar Crime: Bells Tolling for Selective Waiver", by
Kathryn Keneally.
The attorney-client privilege and work product immunity are vital to our criminal justice system. Those under investigation or facing criminal prosecution need to know that they can speak freely with counsel. Defense attorneys must be able to advise their clients with the most complete information possible, including those facts and concerns that their clients would not want to share publicly and have the right not to disclose to the government. Counsel also require the ability to investigate, research, and develop the evidence and strategy to defend a criminal matter free of intrusion by potentially adverse parties.
Non-Specific.
3 pages. Written:
2008. Added:
11-14-2008.
Nacdl.org
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e-Discovery
Authenticating Digital Evidence – Identify and Avoid the Weak Links in Your Chain of Custody, by
Michael R. Arkfeld.
Chain of custody is a familiar concept in criminal law, but until recent years it was foreign
to civil litigators. Historically, evidentiary chain of custody was rarely an issue in civil litigation. The purpose of testimony concerning chain of custody is to prove that evidence has not
been altered or changed from the time it was collected through production in court.
Non-Specific.
12 pages. Written:
2008. Added:
10-06-2008.
merrill-legal.com
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Criminal
Criminal Discovery of Internet Communications Under the Stored Communications Act: It’s not a Level Playing Field, by
Marc J. Zwillinger & Christian S. Genetski.
This Article, however, explores an overlooked but
increasingly prominent Stored Communications Act issue the Act’s restrictions on ISP disclosures to criminal defendants and civil litigants. At present, the Act places an absolute bar on ISP disclosures of the contents of
communications in e-discovery to private parties.
Non-Specific.
32 pages. Written:
2007. Added:
10-06-2008.
The Journal of Criminal Law & Criminology
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Criminal
The 4th Amendment and Government Surveiillllance of Ellectroniic Communicatiions Has Technology Outrun the Constitution?, by
Lawrence P. Keller.
This presentation outlines:
A brief history of the 4th Amendment, The statutory scheme, Wiretap Act & Electronic Communications
Privacy Act, Stored Communications Act, and Recent developments.
Non-Specific.
21 pages. Written:
2007. Added:
10-05-2008.
smartech.gatech.edu
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Criminal
The Continuing Struggle for Just, Effective and Constitutional Sentencing After United States v. Booker, by
Amy Baron-Evans.
In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court held that judicial determinations of fact not found by a jury or admitted by the defendant to increase sentences under the Federal Sentencing Guidelines violated the Sixth Amendment. As a remedy, the Court excised 18 U.S.C. § 3553(b), which created a presumption in favor of the guideline range (“the court shall . . . unless the court finds . . .”), and excised 18 U.S.C. § 3742(e), which was designed to enforce the guidelines.
Non-Specific.
1 pages. Written:
2006. Added:
9-13-2008.
nacdl.org
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Criminal
Is That What I Meant: Litigating Intent in White Collar Crime, by
Demosthenes Lorandos; Ashish S. Joshi.
Intentionality clearly plays a crucial role in white collar criminal prosecutions. In fact, it is usually a key element of the charged white collar offenses — be it conspiracy, mail fraud, wire fraud, securities fraud, bank fraud, falsifying books and records, insider trading, money laundering, or racketeering. Recent white collar criminal prosecution history is replete with examples of executives who were convicted based upon juries finding them guilty of intending to commit the offenses with which they were charged: Lay and Skilling of Enron, Ebbers of WorldCom, Black of Hollinger International, Rigas of Adelphia, Shelton of Cendant, Olis of Dynergy, Bayly of Merrill Lynch, Early of Ogilvy & Mather, Brown of Rite Aid, and the list goes on.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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Criminal
Why Isn't Every White Collar Defense Lawyer Using A Jury Questionnaire, by
Marc S. Raspanti; Michael A. Morse.
Increasingly, white collar federal cases carry significant prison terms, fines, and restitution. They also include collateral consequences such as disbarment, loss of professional license, civil suits and, of course, lots of negative publicity. In a recent successful white collar criminal trial, a number of factors coalesced to allow us to slow down the jury selection process to the benefit of all parties. We share some of these experiences for your review and consideration.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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Criminal
Defining and Defending Obstruction Charges in the Wake of Arthur Andersen and Quattrone, by
Kathryn Keneally; Kenneth M. Breen.
The prosecution of the accounting firm Arthur Andersen for its destruction of documents as the Enron scandal unfolded marked a watershed moment in the prosecution of white collar crime. These rulings are likely to color future prosecutions under the new obstruction statutes that Congress implemented in the Sarbanes-Oxley legislation.
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
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Criminal
Keeping The Board Of Directors Cool While The Company's In The Hot Seat, by
Stephanie A. Martz.
Describes couple of valuable insights from the board members and general counsels, and their insights that we should all keep in mind whether we represent businesses, corporations or employees in corporate and securities, criminal or other matters.
Non-Specific.
1 pages. Written:
2005. Added:
9-12-2008.
nacdl.org
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Criminal
What Every White Collar Defense Attorney Should Know About Insurance, by
John E. Heintz; Stephen A. Weisbrod; Justin F. Lavella.
To ensure that insurance assets are preserved and used effectively, clients and defense lawyers should investigate and discuss insurance issues at the commencement of an attorney-client relationship. Client and counsel may have to make difficult strategic assessments very quickly. When complex insurance coverage issues arise, as they often do, consultations with insurance counsel may be necessary.
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
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Criminal
The Advent Of The 'Vanishing Trial' : Why Trials Matter, by
John W. Keker.
The Vanishing Trial” has everyone’s attention. That trials are increasingly an oddity is certain. Data for criminal jury trials is just as extreme. Consider the various charts at the end of this article concerning criminal cases in federal court. Lots of people, not just judges and lawyers, are trying to understand why trials are vanishing. For federal criminal cases, it has become commonplace to blame the guidelines:
Non-Specific.
1 pages. Written:
2005. Added:
9-12-2008.
nacdl.org
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Criminal
Internal Investigation Game Plan: A 10-Step Guide to Reliable and Defensible Electronic Records Review, by
Chad Breckinridge.
While structuring an appropriate internal investigation poses a daunting array of challenges, this article focuses on the preservation and processing of electronic records. This is a key element of any corporate investigation. Companies that handle it properly avoid both ruinous extremes.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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Criminal
Rear View Mirror: Mail Fraud -- Then and Now, by
Ellen Podgor.
Mail fraud today is a statute that prosecutors use to charge many forms of alleged fraudulent conduct. Bank fraud, wire fraud, and health care fraud were all modeled on language used in the mail fraud statute. Its power is further heightened by the fact that it serves as a predicate act for a charge under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Non-Specific.
1 pages. Written:
2008. Added:
9-12-2008.
nacdl.org
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Criminal
Representing White Collar Clients In A Post - Booker World, by
Alan Ellis.
Sentencings are becoming more and more frequent in federal cases. The sentencing commission saw this as a “problem,” which it “solved” with “guidelines that classify as serious many offenses for which probation previously was frequently given and provide for at least a short period of imprisonment in such cases.”
Non-Specific.
1 pages. Written:
2005. Added:
9-12-2008.
nacdl.org
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Corporate and Securities
Securities Fraud, by
Kenneth M. Breen; Thomas R. Fallati.
Of course, given the SEC’s emphasis on corporate cooperation, entities that are under an SEC investigation may face requests for waivers of objections to the production of records located overseas. Still, counsel should be prepared to advance possible jurisdictional or diplomatic objections to the production of such records, and needs to consider criminal issues.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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Criminal
Witness for the Prosecution, by
Lewis O. Unglesby.
Historically, the judiciary recognized the fundamental fallacy in relying on the accused for truthful testimony. That judicial philosophy accepted the idea that self-preservation is so instinctive that it outweighs all other considerations.
Today, previously accused criminals have become accepted as key witnesses, protected and rewarded by law for their stories.
Non-Specific.
1 pages. Written:
2007. Added:
9-12-2008.
nacdl.org
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Criminal
Why Criminal Law Should Matter To Business, by
Stephanie Martz.
This speech is all about the importance and relevance of reforming our federal criminal laws, as they relate to the corporation. But, in fact, there’s much more evidence that criminal law is the new frontier in corporate overregulation:
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
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Criminal
Unsealing Search Warrant Materials For Uncharged Clients, by
Daniel Monnat; Paige Nichols.
Many jurisdictions do not define affidavits in support of search warrants as presumptively-public documents. Even in those jurisdictions with statutes directing or implying that search warrant materials will be accessible to the public, prosecutors may, and often do, obtain orders sealing warrant materials.
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
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Criminal
Maintaining Credibility in FCPA Investigations, by
Lee Stein.
How disclosure is handled will often decide whether the
government will devote some of its scarce resources to the matter, or will count instead on the company to provide
the government with information. This article provides some tips.
Non-Specific.
2 pages. Written:
2008. Added:
9-04-2008.
perkinscoie.com
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Criminal
Auditors and Internal Investigations, by
David F. Taylor.
An auditor may seek information about an internal
investigation for many reasons. This article gives tips to do an internal investigation that may be relevant to the auditor’s core mission of reporting on the accuracy of a company’s financial statements and assessing the adequacy of its internal controls.
Non-Specific.
2 pages. Written:
2008. Added:
9-01-2008.
digestiblelaw.com
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Criminal
Corporate Crime - Work Product Privilege And the Grand Jury, by
Howard W. Goldstein.
Much has been written over the last few years on the subject of the attorney-client and work product
privileges and, in particular, whether the government can, in effect, “penalize” a party for not waiving privilege in the context of an ongoing criminal investigation. The court in Grand Jury Subpoena may have reached the right result, but its opinion fails to grapple with some of the difficult issues inherent in the case.
Non-Specific.
2 pages. Written:
2008. Added:
7-04-2008.
www.nylj.com
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Criminal
White Collar Crime: Bells Tolling for Selective Waiver, by
Kathryn Keneally.
The attorney-client privilege and work product immunity are vital to our criminal justice system. Those under investigation or facing criminal prosecution need to know that they can speak freely with counsel. Defense attorneys must be able to advise their clients with the most complete information possible, including those facts and concerns that their clients would not want to share publicly and have the right not to disclose to the government. Counsel also require the ability to investigate, research, and develop the evidence and strategy to defend a criminal matter free of intrusion by potentially adverse parties.
Non-Specific.
3 pages. Written:
2008. Added:
7-04-2008.
www.fulbright.com
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Criminal
White Collar Crime: Aggressive Enforcement of the Foreign Corrupt Practices Act, by
Kathryn Keneally.
Enforcement of white collar crime tends to follow trends. Criminal statutes will remain in place, but fall into a degree of disuse for a number of years. The world economy is increasingly global. There are opportunities abroad. There is also a drawn-out, expensive foreign war. So now there is a resurgence of enforcement under the Foreign Corrupt Practices Act (FCPA).
Non-Specific.
3 pages. Written:
2008. Added:
7-04-2008.
The Champion
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Criminal
Debate Over Lawyers' Role in Anti-Money Laundering Enforcement, by
Howard W. Goldstein.
Duty of lawyers representing financial institutions in the United States is almost solely toward their clients, in the European Union, lawyers have affirmative obligations to report suspected money-laundering activity to government authorities. Apart from the reasons advanced by the ABA against imposing gatekeeping obligations on lawyers, the Kuehne case graphically illustrates the new risks associated with gatekeeping.
Non-Specific.
1 pages. Written:
2008. Added:
7-02-2008.
Business Crimes Bulletin
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Practice Management
How To Conduct a Background Check, by
Genie Tyburski.
Lawyers and clients use the phrase, background check, as a catchall for many types of investigative research involving people or companies. To some, it encompasses a criminal background check. To others, it means finding general information about a business' products and services, reputation, legal status and competitors. For this reason, it helps to understand the context of the request or the specific problem that needs to be solved. More importantly, if the research involves a person, there are legal and ethical reasons for knowing why someone wants a background check.
Non-Specific.
1 pages. Written:
2008. Added:
6-29-2008.
Law Office Computing
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e-Discovery
Authenticating Digital Evidence – Identify and Avoid the Weak Links in Your Chain of Custody, by
Merrill Legal.
Chain of custody is a familiar concept in criminal law, but until recent years it was foreign to civil litigators. The advent of the digital age has made it a major issue because the actual nature of evidence in civil litigation has undergone a radical transformation from tangible paper to electronic data. The purpose of testimony concerning chain of custody is to prove that evidence has not been altered or changed from the time it was collected through production in court. Chain of custody testimony would include documentation on how the data was gathered, transported, analyzed and preserved for production.
Non-Specific.
10 pages. Written:
2008. Added:
5-16-2008.
Website
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Criminal
Sentencing Post-‘Gall’: Reasonableness v. Proportionality, by
Claude M. Tusk.
The reason for the significance of this case lies in the
controversial history of federal sentencing mandates and the judicial scrutiny recently devoted to that history. Practice and jurisprudence under the guidelines are discussed in more detail throughout this article.
Non-Specific.
3 pages. Written:
2007. Added:
5-10-2008.
Outside Counsel
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Criminal
Foreign bribery Risky business, by
Robert Goldspink, Emma O'Kane.
Recent high profile foreign bribery cases in Europe and the US have illustrated the need for companies and their legal advisers to be aware of, and manage, the legal
risks in this area. The risks are real and substantial. US anti-corruption law catches a wider group of offenders than most other countries. The law has been enforced with greater vigour than elsewhere.
Non-Specific.
6 pages. Written:
2007. Added:
5-09-2008.
PLC Cross-border
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Criminal Procedure
Different Rules for Different Suspects, by
Leslie R. Caldwell.
Lawyers practicing whitecollar criminal law may not be aware that the U.S. Department of Justice's policy on publicly identifying individuals suspected but not accused of criminal wrongdoing depends entirely on which part of the department is handling a particular criminal case. There is a serious question whether the department's main justifications for naming uncharged individuals on antitrust carveout lists to motivate corporate cooperation in complex conspiracy cases and to ensure contractual clarity in plea agreements warrant the potentially serious damage to the named individuals' due process rights and reputations.
Non-Specific.
4 pages. Written:
2007. Added:
5-07-2008.
New York Law Journal
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Ethics
Avoiding Individual Liability: Be Right on the Law, Right on the Ethics, and Avoid Even the Appearance of Impropriety, by
Myra A. McDaniel, Denise Pierce, and Charles R. Kimbrough.
This paper focuses on issues relating to a civil suit brought against a public servant regarding official & individual liability; basic criminal misconduct issues that can arise in context of your public service; & civil reporting requirements regarding conflict of interest scenarios & criminal misconduct issues that can arise from those scenarios.
Non-Specific.
20 pages. Written:
2007. Added:
4-03-2008.
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