White-Collar Crime
In this Special Report: "Prosecutorial Immunity: The Debate Reignited," "Art Market May Be Asked to Reveal What's Behind the Curtain With Proposed Legislation," "Time for the Government to Revisit DPAs and CIAs," "Bail the Rich: Armed Guards, Private Prisons, and Special Treatment for the Wealthy Under the Bail Reform Act" and "Will the SEC Take an Expansive Approach to the Extraterritorial Reach of Its Jurisdiction?"
April 01, 2019 at 01:50 PM
2 minute read
View this Special Report as a PDF
Prosecutorial Immunity: The Debate Reignited
Given that all attorneys (except prosecutors) litigate effectively every day with the certainty that if they violate ethical principles or engage in improper conduct they will be subject to monetary and disciplinary penalties, we should continue to question why prosecutors possess enormous power but face little accountability.
Art Market May Be Asked to Reveal What's Behind the Curtain With Proposed Legislation
While it would seem to be good public policy to enact legislation that will prevent money laundering, terrorism, and fraud, art market leaders are concerned that money laundering in art transactions is not a big enough issue to justify the regulatory burden.
Time for the Government to Revisit DPAs and CIAs
There is a better formula for corporate cooperation. It preserves the attorney-client privilege. It empowers corporate compliance efforts. And it gives the government the benefit of the corporation's willing assistance in tasks that would otherwise consume vast amounts of limited enforcement resources. It protects the rights of individual employees. It respects the relative roles of the government and private actors. In the end, it will produce better results for the corporate and government actors.
District courts appear destined to wrestle with the “private prison” issue unless and until the Second Circuit issues definitive guidance, or the legislature amends the Bail Reform Act.
Will the SEC Take an Expansive Approach to the Extraterritorial Reach of Its Jurisdiction?
This article examines whether the SEC may take a more expansive approach to the extraterritorial reach of its jurisdiction in light of the recent decision by the U.S. Court of Appeals for the Tenth Circuit in 'SEC v. Scoville'. Although it remains to be seen whether other circuit courts will align with the Tenth Circuit, this decision may alter and expand the playing field when navigating an SEC investigation or litigation.
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