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Arlo Devlin-Brown, Esq. Assistant United States Attorney Southern District of New York. Stevan Bunnell , Esq. O’Melveny & Myers, LLP Washington, DC. Moderator: Jeff Ifrah , Esq. Ifrah Law, PLLC Washington, DC. CORPORATE PLEA NEGOTIATIONS AND SENTENCING. 2011 Chapter 8 Updates.

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Corporate plea negotiations and sentencing

ArloDevlin-Brown, Esq.

Assistant United States Attorney

Southern District of New York

StevanBunnell, Esq. O’Melveny & Myers, LLP

Washington, DC

Moderator: Jeff Ifrah, Esq.

Ifrah Law, PLLC

Washington, DC

CORPORATE PLEA NEGOTIATIONS AND SENTENCING


2011 chapter 8 updates
2011 Chapter 8 Updates

  • What’s new

  • What’s out

  • Impact on Corporate Plea Negotiations


Corporate defense today
Corporate Defense Today

  • Defense Counsel Role

  • Government Counsel View

  • Obligation to disclose/consequences



1 contractor kickback options
1. Contractor Kickback - Options

  • CEO of Public Company

  • CEO of Private Company

  • CEO counsel?

  • Disclosure concerns?


2 foreign bribery allegations
2. Foreign Bribery Allegations


2 bribery sec doj actions
2. Bribery: SEC & DOJ Actions

  • Extent of waiver

  • Incriminating disclosure obligations

  • Balancing cooperation & pushback

  • Can DOJ and SEC share data?


3 the ceo the toxic tort
3. The CEO & The Toxic Tort

Consolidated Smelting

Master Metals


3 ceo toxic tort choices
3. CEO & Toxic Tort: Choices

  • Intentional tort?

  • Indemnification of legal fees?

  • CEO Termination?


4 employee resistance
4. Employee Resistance


4 employee resistance1
4. Employee Resistance

  • Corporate Response

  • Government Response

  • Government analysis of terminations


4b material misrepresentations by employees
4B. Material Misrepresentations By Employees

  • Disclosure requirements?

  • Corporate Liability

  • Personal Liability



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