Tuesday, May 13, 2008

Washington Legal Foundation Report: Erosion of Business Civil Liberties

The Washington Legal Foundation issued a 143 page report titled Special Report: Federal Erosion of Business Civil Liberties. (see below for a copy of the report)  It begins with an introduction by the Honorable Dick Thornburgh who writes that "The Washington Legal Foundation's SPECIAL REPORT: FEDERAL EROSION OF BUSINESS CIVIL LIBERTIES provides the legal community with an excellent summary, analysis, and critique of the key legal, judicial, and regulatory developments in the growing trend to criminalize normal business activities."  The Report has seven chapters, followed by an Appendix, reflecting the following topics -

  • Chapter One: Mens Rea, Public Welfare Offenses, and the Responsible Corporate Officer Doctrine
  • Chapter Two: Environmental Protection Agency Criminal Enforcement Policies
  • Chapter Three: Department of Justice Criminal Prosecution Policies
  • Chapter Four: Parallel Civil and Criminal Prosecutions
  • Chapter Five: Attorney-Client and Work Product Privileges
  • Chapter Six: Deferred Prosecution and Non-Prosecution Agreements
  • Chapter Seven: U.S. Sentencing Guidelines

This is clearly a weekend read as it appears to capture the key issues that have been problematic to businesses operating in this country.

The Report - Download wlf_timeline.pdf   (Recommendation to open - save it to your system and then it should open properly)

If you have trouble opening this link, or to obtain additional hard copies of the report and the companion timeline fold-out chart, contact Paul Kamenar at 202-588-0302 or pkamenar@wlf.org. He informed me that they plan to update the report from time to time, so he welcomes stories of abusive criminal prosecution that have not been well publicized.



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