At the recent American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa O. Monaco and Assistant Attorney General Kenneth A. Polite gave major talks outlining further developments inDepartment of Justice’s Corporate Criminal Enforcement Policy. The new policies are designed to further the DOJ goal of rewarding companies for compliance programs
Cartel Capers
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The Rule of Lenity and the Per Se Rule
Last week the Supreme Court decided a case interpreting the Bank Secrecy Act, Bittner v. U.S., 598 U.S. __(2023). Justice Ketanji Brown Jackson joined Justice Neil Gorsuch’s opinion for the majority in a 5-4 decision. The case revolved around what constitutes a violation of the act: Each unreported foreign account? Or: Only the…
“I Got A Rock”
Bamboozled?
One of the saddest lessons of history is this: If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. We’re no longer interested in finding out the truth. The bamboozle has captured us. It’s simply too painful to acknowledge, even to ourselves, that we’ve been taken. Once you give a…
Per Se Rules Notches Another Labor Market Pretrial Win, But…
The defendants in the aerospace’s labor market allocation case, US v. Patel, No.3-21-cr-220 (D. Conn. Dec. 2, 2022) (VAB), filed a motion to dismiss the indictment on various grounds related to the application of the per se rule in a criminal trial. These grounds include: 1) the conduct charged does not fall within…
Listen….
Two items recently in the cartel news caught my eye because they have something in common: the chicken parts criminal price fixing prosecution failures and Donald C. Klawiter’s article calling for A Really New Leniency Program: A Positive, Cooperative, and Enthusiastic Partnership for Effective Antitrust Enforcement, Antitrust, Vol. 36, No. 3, Summer…
Announcement: Antitrust Division, USDOJ Recruiting Event for Law Students and Recent Grads
In U.S. v. Topco Associates, Inc., 405 US 596, 610 (1972): Justice Thurgood Marshall famously stated that “[a] ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise.” My shorter, less eloquent version is “Free Enterprise = Free People.” But how do we keep markets free? If you…