It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring of each other’s employees, have long been viewed as anticompetitive, as they have the potential to restrict employee mobility and wages in competitive markets. Historically, anyone challenging these agreements—including workers and the DOJ alike—did so through civil claims under the Sherman Act.… More
Category Archives: Crime
Southern District of New York Holds that an Explicit Quid Pro Quo Is an Essential Element of Bribery and Fraud in Campaign Fundraising-Related Public Corruption Prosecutions
Earlier this week, the Southern District of New York dismissed bribery and honest services wire fraud charges brought against New York’s former lieutenant governor, Brian Benjamin, based upon the Indictment’s failure to allege an explicit quid pro quo arrangement with respect to campaign contributions, instead of an agreement by implication. The decision marks the first time that a New York federal court has held that an express agreement is required before an individual can be convicted of bribery and wire fraud in a campaign contribution case,… More
Boeing’s Deferred Prosecution Agreement In Question After Court Rules 737 Max Crash Victims’ Families May Assert Rights Under The Crime Victims’ Rights Act
A recent ruling from a federal district judge in Texas has called into question the finality of deferred prosecution agreements. Deferred prosecution agreements are negotiated and entered into by the government and criminal defendants (typically corporations) and allow the defendant to avoid a criminal conviction. In exchange, defendants are often required to accept responsibility for charges, pay fines, cooperate with ongoing investigations, and engage in ongoing compliance processes,… More