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Documents on Criminal Law, Government
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|Ralph Lauren Corruption Enforcement Action Allegedly Involving Inappropriate Payments to Argentine Customs Officials Demonstrates the Benefits of Effective Controls|
Lewis Baach PLLC;
April 30, 2013, previously published on April 24, 2013A recent U.S. corruption-related criminal law enforcement action makes clear the importance of maintaining strong compliance controls that meet global market expectations. As more and more business has cross-border components, businesses everywhere should adopt effective compliance programs to...
|FDA's Strict Criminal Liability Standard has Far-Reaching Consequences|
Melvin S. Drozen, Leslie T. Krasny, Daniel C. Rubenstein; Keller and Heckman LLP;
April 22, 2013, previously published on April 18, 2013The Federal Food, Drug, and Cosmetic Act (FD&C Act) of 1938 imposes a strict standard of criminal liability that has been affirmed and expanded upon by the courts since its passage. Notably, courts have held that corporate officers may be found strictly liable for the criminal actions of others...
|FBI Prohibited From Issuing National Security Letters|
Steven J. Bonafonte, Alex V. Hernandez, Timothy G. Ronan, James T. (Tim) Shearin; Pullman & Comley, LLC;
April 5, 2013In a detailed opinion issued just this month, the U.S. District Court for the Northern District of California struck down an oft-used FBI counterterrorism tool. Under the statute at issue, the FBI has issued tens of thousands of so-called National Security Letters (“NSLs”) to ECSPs -...
|Notice to the State Treasurer and Filing an Internal Affairs Complaint is Insufficient to Satisfy the LGTCA Against the Baltimore City Police Department|
Kevin M. Cox; Semmes, Bowen & Semmes A Professional Corporation;
March 22, 2013, previously published on March 2013Plaintiffs Mark Harrell and Roslyn Wiggins (“Plaintiffs”) filed suit against several members of the Baltimore City Police Department (“Defendants”), alleging violations of 42 U.S.C. § 1983, the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18...
|US Appellate Courts Begin Dissecting Criminal Customs Violations|
Kelly B. Kramer, Sydney H. Mintzer; Mayer Brown LLP;
March 19, 2013, previously published on March 14, 2013There has been an increasing trend toward the criminalization of customs violations in the United States, with a greater number of cases being referred to the US Department of Justice for criminal prosecution. However, as some of these cases have reached the US appellate courts, questions are being...
|Officers Can Be Held Liable For Preventing An Ambulance That Contained A Shooting Victim From Leaving The Scene And For Unreasonably Detaining Witnesses|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
March 12, 2013, previously published on March 10, 2013The federal court of appeals recently rejected certain public officials’ attempt to avoid liability by claiming qualified immunity. In that case, the parents and children of a shooting victim sued a county and individual sheriff officers for delaying an ambulance containing the victim from...
|House Passes Violence against Women Act|
Fowler White Boggs P.A.;
March 12, 2013, previously published on March 2013As reported earlier this year, the 112th Congress failed to reauthorize the Violence Against Women Act (“VAWA” or “Act”) by the end of its term. Fortunately, the Senate’s expanded version of the Act was passed by the House on Thursday. The bill is now before the...
|U.S. Government’s Right to Criminal Forfeiture of Assets Pitted against Competing Interests of Bankruptcy Trustee of Criminal Defendant’s Law Firm|
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, H. William Shure; Pullman & Comley, LLC;
February 14, 2013, previously published on February 2013The well-publicized Ponzi scheme perpetrated by Scott Rothstein, a disgraced and formerly high-profile attorney in South Florida, has given rise to a battle between the federal government’s right to seize assets under the criminal forfeiture statue, 21 U.S.C. §853, and a bankruptcy...
|The Unsettling Unfairness of the IRP Regime|
February 11, 2013On September 20, 2010, the Province of British Columbia radically altered the regulatory and criminal law responses to drinking and driving by bringing into force a new regime for imposing automatic administrative penalties, including immediate driving prohibitions. Implemented by ss. 215.41 to...
|Eighth Circuit Panel Split Over Whether Statute of Limitations Binds Court’s Sua Sponte Authority|
Ryan G. Koopmans; Nyemaster Goode, P.C.;
January 30, 2013, previously published on January 22, 2013Last week in United States v. Daily, a majority of a three-judge panel ruled that a district court can resentence a criminal defendant sua sponte even though the statute of limitations has passed for post-conviction relief.