Search Site
Menu
Tag Archive
immunityandcooperation
1 - 10 of 10
Page 1 of 1

New DOJ Policy on Foreign Business Bribery

On the eve of the fortieth anniversary of the Foreign Corrupt Practices Act, the Justice Department has unveiled a policy that strongly encourages businesses to self-report any violations to the government on their own. Those that do can presume that the government won’t prosecute them criminally as long as they fix the problem timely and cooperate fully. That’s probably good Read More

Read More

CMS Puts Out New Physician Self-Referral Disclosure Protocol

If you’re a healthcare provider or supplier, take note. Starting June 1, 2017, there is a new process for self-reporting actual or potential violations of the Stark Law to the Centers for Medicare & Medicaid Services. Remember, Stark says that doctors can’t refer certain, designated health services that are payable by Medicare or Medicaid to entities in which they have a financial interest. Read More

Read More

How to Assert Your Miranda Rights

Here’s a guide to your Miranda rights on the occasion of their 50th anniversary. It’s a rough composite of the current state of the law, but you should always consult a lawyer about your specific situation before consenting to an interview with law enforcement. The first thing to understand is that the police don’t have to give you Miranda warnings Read More

Read More

A Postscript to Last Week’s Open Letter

Following up on last week’s post, readers should understand the timeline of events that brought the misconduct to light. Here are the highlights. In January 2013, a defendant in a murder case filed a motion to get some important information from the prosecution. The trial court found good cause for the motion and granted it, but the district attorney’s office Read More

Read More

An Open Letter to the District Attorney of Orange County

Mr. Rackauckas: Just what is going on in your office, sir? I’m not talking about the fight that broke out in a county courthouse three weeks ago between one of your investigators and a defense attorney. Never mind that if a defense attorney did this to a cop, he’d be arrested so fast his head would spin. (Full Read More

Read More

A House of Cards

That’s how the U.S. Supreme Court described the evidence in a murder case that it reversed last week because the prosecution had wrongly concealed other important evidence from the defense and jury. Factor in that other evidence, the Court held, and the house begins to crumble. How so? There was no physical evidence tying the defendant to the murder, only the Read More

Read More

The SEC Wants You to Self-Report

At a conference in November, the SEC’s Director of Enforcement, Andrew Ceresney, announced that, from now on, you must self-report violations of the Foreign Corrupt Practices Act if you want the Enforcement Division to recommend a non-prosecution or deferred-prosecution agreement. Even then, Mr. Ceresney warned, you may not get an NPA or DPA, but the Division won’t even consider it if you Read More

Read More

The Principles of Federal Prosecution of Business Organizations

They are the roadmap to a federal prosecutor’s discretion in charging your business with a crime. The why, when, and how. You can read them yourself on the Justice Department’s website. They apply to all business organizations: corporations, limited liability companies, partnerships, sole proprietorships, and even public entities, or anything in between. Here are the highlights. Generally, prosecutors should Read More

Read More

Individual Accountability for Corporate Wrongdoing

Another day, another collar, and another notable policy shift from the Justice Department. Two weeks ago, it was the arguably-more-important decision to require search warrants before federal agents could use certain, mobile tracking-and-hacking devices in the field. Last week, it was a policy memorandum that made a splash in the world of white-collar enforcement and defense. The policy was circulated Read More

Read More

But You Promised!

File this one under, #CallYourLawyerFirst. Two weeks ago, a federal court of appeals reversed a man’s conviction for mortgage fraud and ordered the case dismissed because the government had broken its promise not to prosecute him in exchange for his cooperation. The case presents a strange but interesting set of facts. From 2006 to 2007, the man worked for a real-estate firm that came Read More

Read More
1 - 10 of 10
Page 1 of 1
Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Office Location
  • Irvine Office
    1 Park Plaza
    Suite 600
    Irvine, California 92614
    Phone: 714-673-6798
    Fax: 714-673-6812
Do you need an attorney?
I highly recommend Mani Dabiri

Mr. Dabiri is an excellent attorney. He is professional, ethical and sensitive to his clients situation. I highly recommend Mr. Dabiri. He helped me navigate uncharted legal waters successfully.

- a client (5 star review)

Read more

Ratings and Reviews