A much-needed resource: this new monograph from the Washington Legal Foundation, about 140 pages long, lays out in considerable depth (PDF) the basis for concerns that federal prosecutors are encroaching on the due-process rights of white-collar defendants. Chapter headings include "Mens Rea, Public Welfare Offenses, and the Responsible Corporate Officer Doctrine", "Environmental Protection Agency Criminal Enforcement Policies", "Department of Justice Criminal Prosecution Policies", "Parallel Civil and Criminal Prosecutions", "Attorney-Client and Work Product Privileges", "Deferred Prosecution and Non-Prosecution Agreements", and "U.S. Sentencing Guidelines" (via Alex Adrianson, Heritage InsiderOnline, who notes of the developments narrated in the report, "It's a legal set-up that puts business people engaged in non-criminal activity at risk of being thrown in jail.")
"Federal Erosion of Business Civil Liberties"
Related Entries:
- Around the web, January 27
- SOPA protests demonstrate the value of limited-government principles
- New Podcast: James Copland and Andrew Wise discuss 'honest services' fraud post-Skilling and the Kevin Ring trial
- New Podcast: James Copland and Timothy O'Toole discuss overcriminalization concerns raised by the 'Clean Up Government Act'
- Around the web, December 15
- 'Clean Up Government Act' sparks overcriminalization concerns
- New 'Global Economic Crime Survey' shows decline in bribery and money laundering
- Examining 'honest services' post-Skilling
- Promise of FCPA guidance prompts inquiries
- New Database Tracks FCPA Enforcement
- Justice Department's Chief of Criminal Division Questions Fairness of Financial Fraud Sentencing
- SEC Reports First FCPA Enforcement Statistics
- NACDL Releases Blueprint for Grand Jury Reform
- FCPA progress
- Around the web, October 31
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| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
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| Bridget Carroll Press Officer, Manhattan Institute bcarroll@manhattan-institute.org |



