Corporate Criminal Enforcement in the United States: Using Negotiated Settlements to Turn Potential Corporate Criminals into Corporate Cops

Corporate criminal enforcement in the United States differs from other countries in three ways. First, the United States can impose criminal liability on corporations in a broader range of cases than other countries. Second, almost all corporate criminal resolutions involving large firms take the form of negotiated settlements. Third, the United States grants prosecutors both more choices and more discretion when resolving criminal cases: prosecutors can enter into guilty pleas or pre-trial diversion agreements (deferred and non-prosecution agreements).

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Ninth Circuit Allows Bishop Paiute Law Enforcement Case to Proceed

The Bishop Paiute Tribe (the “Tribe”) seeks a declaration that they have the right to “investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities.” Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy.

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Project Spotlight: Principles of the Law, Government Ethics

I recently had the opportunity to speak to various elected officials and higher-education personnel in the countries of Georgia and Kazakhstan. I was excited to tell them about the ALI Project on Ethics and that there will be suggested guidelines which will be applicable to any interested public official or government. The audience members were very interested to hear about this timely project. I am sure the project will be met with great interest not only in North America, but also around the globe. It is truly an honor for me to be working with this eminent group of distinguished people to bring this project forward.

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