Friday, September 26, 2014

Departure of Eric Holder - From a White Collar Crime Perspective

Yesterday's announcement that Attorney General Eric Holder will be stepping down from his position makes one think back about all that he accomplished while in office.

Many have been critical of his handling of white collar cases, but few have focused on the enormous number and amount of fines given to entities during his term. There has been a growing list of deferred and non-prosecution agreements entered into between entities and the DOJ (see here).  Internal investigations are becoming routine by companies and hopefully corporations are realizing the cost-benefit of monitoring employees to adhere to the law.

Although discovery issues have not been resolved, there is certainly more focus by this Office on the importance of making sure that favorable evidence is given to defense counsel. With more time, emphasis and some new legislation this issue could move even further ahead.  

Most recently we see that DOJ is taking the ethical position in rethinking its position on waivers with guilty pleas. (see here)  Some districts, unfortunately, were asking for plea waivers on ineffective assistance and prosecutorial misconduct claims.  This practice, used by only some offices, suffered from ethics problems causing some states, like Florida, to have to issue an ethics opinion prohibiting this practice.  It is nice to see DOJ stepping to the plate to stop this conduct.  

And recently we have also seen that AG Holder has been at the forefront of enforcing the Sixth Amendment Right to Counsel. A good number of state attorney generals stood up to take this position in Gideon v. Wainwright, filing an amicus brief in support of the right to counsel for indigent defendants.  AG Holder's stance on this has been admirable.

Clearly our criminal justice system needs a good bit more work, but it is promising to see what one Attorney General has accomplished. Let's hope his successor continues advocating as a "minister of justice."

(esp) 

https://lawprofessors.typepad.com/whitecollarcrime_blog/2014/09/departure-of-eric-holder-white-collar-crime-.html

Deferred Prosecution Agreements, Prosecutors | Permalink

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