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August 2008 - Posts
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A year and a half ago, I wrote here about how the Department of Justice's Foreign Corrupt Practices Act (FCPA) opinion procedure was cumbersome, slow and ripe for reform. I'm writing now to correct the record and give DOJ its due for proving me wrong. The department's most recent FCPA opinions were done in record time and on expedited schedules. But DOJ's sprint in issuing those releases only highlights the lingering question of whether this useful tool is reaching its full potential.
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DOJ has wielded enormous leverage over companies whose employees are suspected of criminal activity. There have been calls for legislation prohibiting DOJ from considering a company's agreement to waive privilege when deciding whether to indict it. Deputy Attorney General Mark Filip recently wrote a letter to Senator Arlen Specter, R-Pa., asking that the Senate hold off while DOJ (again) modifies its guidelines. Specter has indicated reluctance to wait any longer. He's right. It's time for Congress to act.
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These days, when things do not work right, Americans are being bullied. Faceless, soulless "customer service" departments steal our dignity while pretending to pay attention to our complaints. Increasingly, we cannot do that other American thing: sue 'em. Mandatory arbitration takes care of that. The U.S. Supreme Court, expanding a 1925 law to places no member of Congress intended it to go, has allowed corporate bullies to limit their liability and hide their dirty linen through privatized "justice."
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