News & Analysis as of

Prosecutorial Discretion

Holtzman Vogel Baran Torchinsky & Josefiak

FEC Update with Matt Petersen: Prosecutorial Discretion and Judicial Review

Late last week, a D.C. Circuit Court panel (which included Chief Judge Srinivasan) again reiterated that Federal Election Commission (FEC) complaint dismissals premised on prosecutorial discretion are not subject to judicial...more

Polsinelli

New Texas Law Aims to Curb Local Prosecutorial Discretion

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A new Texas law will go into effect on September 1, 2023 that is directly aimed at curbing the discretion of local prosecutors in deciding which classes or types of cases they choose not to pursue....more

Constangy, Brooks, Smith & Prophete, LLP

New program may create incentive for undocumented workers to report labor and employment violations

Last week, the U.S. Department of Homeland Security announced “Process Enhancements for Supporting Labor Enforcement Investigations.” Employers beware. This new process increases the likelihood that undocumented workers will...more

Wiley Rein LLP

En Banc D.C. Circuit Lets Stand Ruling Holding that the FEC’s Exercise of Prosecutorial Discretion Is Unreviewable

Wiley Rein LLP on

The en banc U.S. Court of Appeals for the District of Columbia Circuit recently issued its long-anticipated decision in Citizens for Responsibility and Ethics in Washington (CREW) v. Federal Election Commission (FEC)...more

The Volkov Law Group

Deputy AG Lisa Monaco Suggests Major Changes to the DOJ’s Corporate Enforcement Efforts

The Volkov Law Group on

On October 28, 2021, U.S. Deputy Attorney General Lisa O. Monaco—a veteran of government service in previous Administrations and a champion of corporate accountability—announced several significant changes to current...more

McAfee & Taft

For noncitizens in immigration removal proceedings, prosecutorial discretion is back…at least for now

McAfee & Taft on

The Office of the Principal Legal Advisor (OPLA) is the exclusive representative of the U.S. Department of Homeland Security in immigration removal proceedings before the Executive Office for Immigration Review. OPLA’s...more

Jones Day

European Public Prosecutor's Office Begins its Work Defending EU Financial Interests

Jones Day on

On June 1st, 2o21,the European public prosecuters office, the European Union's new arm to combat fraud, became operational. The key elements of the new Public Prosecutor's Office are as follows...more

Troutman Pepper

On the National Front: The Wilkinson Memo and Expanded Prosecutorial Discretion

Troutman Pepper on

On January 29, President Biden’s Acting Attorney General Monty Wilkinson issued a memorandum to all federal prosecutors titled, “Interim Guidance on Prosecutorial Discretion, Charging, and Sentencing” (Wilkinson Memo)....more

Vinson & Elkins LLP

Little “New” in SFO’s New Guidance on Compliance Programs

Vinson & Elkins LLP on

On January 17, 2020, the United Kingdom’s Serious Fraud Office (“SFO”) published new guidance regarding how the office assesses the compliance programs of organizations that are under investigation. “Evaluating a Compliance...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Emphasizes Transparency and Encourages Cooperation

In 2019, the Criminal Division of the U.S. Department of Justice (DOJ) continued its efforts, begun a few years prior, to enhance transparency with respect to the DOJ's prosecutorial decision-making. In public statements, DOJ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - September 2019: Federal Circuit Confirms in BioDelivery v. Aquestive that the PTAB Has Broad,...

In BioDelivery Sciences Int’l v. Aquestive Therapeutics, Inc., the Federal Circuit confirmed that the PTAB has broad discretion to reconsider institution decisions and terminate instituted proceedings even after trial has...more

White & Case LLP

New Bill: Expansion for Leniency and Fines under the Japan Anti-Monopoly Act

White & Case LLP on

The bill to amend the Anti-Monopoly Act (the "AMA"), that includes reform of leniency system, has passed on June 19, 2019. New leniency system will be effective no later than from December 25, 2020....more

Baker Donelson

The Aftermath of the DOJ Granston Memo

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The Director of the Civil Fraud Section of the Department of Justice (DOJ), Michael Granston, issued a memo in January 2018 noting the recent increase in qui tam lawsuits filed under the False Claims Act (FCA). The Granston...more

Sheppard Mullin Richter & Hampton LLP

DOJ Wire Act Update – 90 Day Window for Compliance

This is a follow up... regarding the DOJ Opinion on its interpretation of the Wire Act. In a memo dated January 15, 2019, the Deputy Attorney General declared: Department of Justice attorneys should adhere to the Office of...more

Jackson Lewis P.C.

U.S. Department Of Justice Ends Obama-Era Marijuana Policy

Jackson Lewis P.C. on

Three days after retail sales of marijuana became legal in California, U.S. Attorney General Jeff Sessions announced today a new marijuana enforcement policy which rescinds long-standing policy set by the Obama...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - November 2017

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including new U.K. reporting obligations for sanctions violations,...more

Orrick, Herrington & Sutcliffe LLP

The Propriety of Prosecutorial Bluffing

This year, the Innocence Project celebrated its 25th anniversary. With this milestone, Time magazine observed the increasing trend of exonerations of the falsely accused: “For the third year in a row the number of...more

WilmerHale

Prosecutorial Discretion in the Age of Over-Criminalization

WilmerHale on

Depending on whom you ask, the U.S. Code contains between 3,000 and 4,500 federal crimes. The sheer volume has prompted legal commentators to decry the steady expansion of federal criminal statutes over the last several...more

Foster Garvey PC

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

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Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more

Cozen O'Connor

DHS Releases Memos on Immigration

Cozen O'Connor on

On February 20, 2017, Secretary John Kelly of the U.S. Department of Homeland Security (DHS), issued two immigration memos entitled, “Implementing the President’s Border Security and Immigration Enforcement Improvements...more

The Volkov Law Group

Mondelez FCPA Enforcement Action — An Abuse of Prosecutorial Discretion?

The Volkov Law Group on

The first FCPA enforcement action for 2017 landed with very little fanfare. The SEC reached a settlement with Mondelez International for $13 million. The facts surround the hiring of an agent in India and the failure of...more

Gerald Nowotny - Law Office of Gerald R....

Não deixe o samba morrer – Parte 2 (Don’t let samba die)

Panorama - Para muitas pessoas nesta semana, o impensável e inesperado se tornou uma realidade política com a eleição de Donald Trump. Se alguém estava se perguntando se a retórica rígida durante a campanha seria...more

Gerald Nowotny - Law Office of Gerald R....

Nao Deixe O Samba Morrer! (Don’t Let Samba Die!) Part 2 - What Now? - Immigration Planning Considerations after the Trump...

Overview - For many this week, the unthinkable and unexpected became a political reality with the election of Donald Trump. If anyone was wondering if the tough rhetoric during the campaign would be relaxed after the...more

Polsinelli

Proposed Rule to Strengthen State Medicaid Fraud Control Units

Polsinelli on

A recently published proposed rule expands the functions and responsibilities of state Medicaid Fraud Control Units (MFCUs). The rule was issued by the Centers for Medicare and Medicaid Services (CMS) and the Office of...more

Melito & Adolfsen

Dismissal of Charges Against Former Virgina Governor McDonnell is Another Lesson in Prosecutorial Discretion

Melito & Adolfsen on

On September 8, 2016, the United States moved to dismiss the charges against Robert F. McDonnell and his wife Maureen McDonnell. The reason given for the decision was short but thoughtful: "After carefully considering the...more

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