Steven M Witzel

February 11, 2013 | New York Law Journal

Kevin J. Harnisch, Steven M. Witzel and Joshua D. Roth of Fried, Frank, Harris, Shriver & Jacobson examine the evolution of the "facilitating payments" exception to the Foreign Corrupt Practices Act, the new DOJ/SEC Guide's treatment of that exception, and the extent to which such payments remain permissible.

By Kevin J. Harnisch, Steven M. Witzel and Joshua D. Roth

12 minute read

July 05, 2012 | New York Law Journal

In his Corporate Crime column, Fried, Frank, Harris, Shriver & Jacobson partner Steven M. Witzel discusses the withdrawal of guilty pleas and a recent case where all charges against three defendants who had previously pleaded guilty were dismissed at the government's request after the case against the other 19 defendants unraveled.

By Steven M. Witzel

17 minute read

March 07, 2013 | New York Law Journal

In his Corporate Crime column, Steven M. Witzel, a partner of Fried, Frank, Harris, Shriver & Jacobson, writes that while the number of industries and businesses ruled by complex regulatory schemes continues to climb, there are insufficient resources and regulators to fully and effectively enforce these schemes.

By Steven M. Witzel

13 minute read

March 01, 2012 | New York Law Journal

In his inaugural Criminal Trials column, Fried, Frank, Harris, Shriver & Jacobson partner Steven M. Witzel writes that judges and prosecutors may take the view that issues of unfair animus against defendants or prosecutions tainted by inappropriate conduct are only for the court, but many jurors are receptive to notions of fair play and common-sense right and wrong. There is thus a continual struggle as to exactly how far defense counsel may go in raising such themes before the jury.

By Steven M. Witzel

15 minute read

September 05, 2013 | New York Law Journal

In his Corporate Crime column, Steven M. Witzel, a partner of Fried, Frank, Harris, Shriver & Jacobson, writes: A survey of deferred prosecution agreements and non-prosecution agreements shows that the DOJ continues to reward (and expect) corporations to waive privilege. Corporations that voluntarily choose to waive privilege should receive credit for that decision, but a recent decision recognized that prosecutors have the capacity to overreach in negotiating DPAs and NPAs.

By Steven M. Witzel

21 minute read

August 17, 2009 | New York Law Journal

Steven M. Witzel and David B. Hennes, partners of Fried, Frank, Harris, Shriver & Jacobson, write that until recently, the long-standing practice was to stay all discovery in civil enforcement actions during the pendency of parallel criminal proceedings. In a new trend, courts in the Eastern and Southern Districts have rejected government requests for blanket stays and have sharply questioned the historic rationales on which they were granted. Now that the landscape has shifted, parallel proceedings present numerous issues for counsel representing individual and corporate defendants. The analyses and balancing of equities set forth in recent decisions provide defense counsel and government lawyers, in both regulatory and private civil litigation that often arises in connection with parallel criminal proceedings, with direction and opportunities to tailor their respective strategies.

By Steven M. Witzel and David B. Hennes

16 minute read

February 14, 2011 | New York Law Journal

William F. Johnson, Steven M. Witzel and Lisa H. Bebchick, partners at Fried, Frank, Harris, Shriver & Jacobson, write that the execution of a search warrant at a business presents many unique challenges, such as protecting privileged materials without impeding the execution of the warrant and ensuring continued access to records required for ongoing business operations. Implementing relatively low-cost procedures now can prepare your company in the event that law enforcement agents appear in the future.

By William F. Johnson, Steven M. Witzel and Lisa H. Bebchick

13 minute read