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| White Collar Crime |
Legislation Proposed to Govern Use of Deferred Prosecution Agreements - 01/08
Special Matters & Investigations
January 25, 2008
R. Joseph Burby, IV
Ann W. Ferebee
On January 22, 2008, Representative Frank Pallone, Jr. (D-NJ) introduced legislation in the U.S. House of Representatives that would require the Department of Justice to meet specific guidelines, and obtain judicial approval, prior to entering into deferred prosecution agreements with corporations under federal criminal investigation.
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Congress Strengthens IRS Whistleblower Statute - 01/26/07
Tax & White Collar Crime
January 26, 2007
Ralph J. Caccia
The Tax Relief and Health Care Act of 2006, signed into law on December 20, 2006, amended the Internal Revenue Code to provide more incentives for private citizens to blow the whistle on tax evaders.
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Legislation Proposed to Restrict DOJ Practices on Waiver of Attorney-Client Privilege - 11/28/06
Health Care
November 28, 2006
R. Joseph Burby, IV
On November 21, 2006, Senator Arlen Specter (R-Pa.) introduced a bill that would prohibit the U.S. Department of Justice ("DOJ") from compelling companies to waive their attorney-client and work product privileges to avoid indictment or otherwise receive credit for cooperating with a federal investigation. Because health care fraud enforcement remains a top priority for the DOJ, the issue of waiver of attorney-client privilege is critical for health care providers because it affects providers' expectations that they can retain the confidentiality of internal investigations conducted by counsel and legal advice on compliance matters.
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Supreme Court Reverses Criminal Conviction of Arthur Andersen for Destroying Documents in Enron Case - 06/06/05
Technology & Intellectual Property Litigation
June 6, 2005
John R. Bielema
Ralph J. Caccia
Michael H. Chanin
Eliot W. Robinson
G. Patrick Watson
Although the U.S. Supreme Court unanimously reversed the criminal conviction of Arthur Andersen for destroying documents in the Enron matter, the decision reinforces the need for companies to develop and uniformly administer document retention policies and to routinely review compliance with those policies.
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