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Deferred Prosecution Agreement
A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a deferred-prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms, and fully cooperate with the investigation. Fulfillment of the specified requirements will then result in dismissal of the charges. United States Since 1999, the United States Department of Justice (DOJ) has set forth guidelines concerning the prosecution of business organizations and corporations. The United States Attorneys' Manual (USAM) of the DOJ allows consideration of non-prosecution or deferred prosecution of corporate criminal offenses because of collateral consequences and discusses plea agreements, deferred prosecution agreements, and non- ...
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Boston University Law Review
The Boston University School of Law (BU Law) is the law school of Boston University, a private research university in Boston. Established in 1872, it is the third-oldest law school in New England, after Harvard Law School and Yale Law School. Approximately 630 students are enrolled in the full-time J.D. degree program (approximately 210 per class) and about 350 in the school's five LLM degree programs. BU Law was one of the first law schools in the country to admit students to study law regardless of race or gender. History The Boston University School of Law was founded in 1872. It was one of the first law schools to admit women and minorities, at a time when most other law schools barred them. In 1881, Lelia J. Robinson became the first female BU Law graduate. Then, women lawyers were less than half of one percent of the profession. Upon graduation, she successfully lobbied the Massachusetts legislature to permit the admission of women to the state bar, and in 1882, became th ...
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Eliot Spitzer
Eliot Laurence Spitzer (born June 10, 1959) is an American politician and attorney who served as the 54th governor of New York from 2007 until his resignation in 2008 after a prostitution scandal. A member of the Democratic Party, he was also the 63rd attorney general of New York from 1999 to 2006. Born in the Bronx, Spitzer attended Princeton University and earned his Juris Doctor degree from Harvard Law School. He began his career as an attorney in private practice with New York law firms before becoming a prosecutor with the office of the New York County (Manhattan) District Attorney. Spitzer defeated Republican incumbent Dennis Vacco in 1998 to become state attorney general, earning a reputation as the "Sheriff of Wall Street" for his efforts to curb corruption in the financial services industry. He was elected governor of New York in 2006 by the largest margin of any candidate, but his tenure lasted less than two years after it was uncovered he patronized a prostitutio ...
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Diversion Program
A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy the behavior leading to the arrest. Administered by the judicial or law enforcement systems, they often allow the offender to avoid conviction and include a rehabilitation program to prevent future criminal acts. Availability and the operation of such systems differ in different countries. Operation and functions A criminal justice diversion program deals mainly with first-time offenders, allowing them to avoid a criminal record by undertaking certain actions to benefit the offender, their victims, and the wider community. When a criminal offender joins a rehabilitation program to help remedy the behavior leading to the original arrest, it allows the offender to avoid conviction and, in some jurisdictions, avoid a criminal record. The programs are often run by a police department, court, district ...
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Deferred Adjudication
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court. Upon completion of the requirements, which may include probation, treatment, community service, some form of community supervision, or some other diversion program, the defendant may avoid a formal conviction on their record or have their case dismissed. In some cases, an order of ''non-disclosure'' can be obtained, and sometimes a record can be expunged. Procedure In a deferred adjudication, the criminal case that resulted in the deferred adjudication will often remain part of a permanent record. The extent to which the record of a deferral can ...
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Adjournment In Contemplation Of Dismissal
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD. The defendant subject to the adjournment in contemplation of dismissal is restored to the status he or she occupied prior to arrest, either during or after the period of adjournment that accompanies the ACD: that is, all Court of record, records of the arrest and after the period for which the ACD applies; however, in many jurisdictions a local Law enforcement agency, law enforcement record of the arrest is retained by default, unless that record is explicitly Expungement, expunged. The judge adjourning in contemplation of dismissal may impose specific conditions on the defendant subject to the ACD, which may include community service, drug rehabilit ...
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Corruption Of Foreign Public Officials Act
The ''Corruption of Foreign Public Officials Act'' (CFPOA, ) is an anti-corruption law in force in Canada. It entered into force in 1999, ratifying the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and is often referred to as the Canadian equivalent to the United States' ''Foreign Corrupt Practices Act'' (FCPA). Jurisdiction Under section 5 subsection 1 of the CFPOA, every person who contravenes the Act (sections 3 and 4) outside Canada that is a Canadian citizen, a permanent resident, or "a public body, corporation, society, company, firm or partnership that is incorporated, formed or otherwise organized under the laws of Canada or a province," is deemed to have committed the offence in Canada. Thereby giving the Act jurisdictional powers over persons or entities committing bribery within Canada or Canadian bodies abroad. It also outlines in subsection 2 the jurisdiction to proceed with trials and punishment "in any ter ...
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Criminal Code (Canada)
The ''Criminal Code'' () is a law of the Parliament of Canada that codifies most, but not all, criminal offences and criminal procedure in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ). It is indexed in the Revised Statutes of Canada, 1985 as chapter number C-46 and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the '' Constitution Act, 1867'' establishes that the Parliament of Canada has sole jurisdiction over criminal law. Accordingly, the Criminal Code applies to the entirety of the country, meaning that in Canada, all crimes which are defined under the Criminal Code are federal crimes and can be prosecuted anywhere they occur in or out of the country. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the '' Firearms Act'', the '' Controlled Drugs and Substances Act'', the ...
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Omnibus Bill
An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. ''Omnibus'' is derived from Latin and means "to, for, by, with or from everything". An omnibus bill is a single document that is accepted in a single vote by a legislature but packages together several measures into one or combines diverse subjects. Many legislatures may have a tradition of extensive deliberation and debate prior to the adoption of laws, which can postpone passage of necessary legislation. Thus, in order to pass all desired laws within a reasonable timeframe, they are consolidated into a single bill and voted on quickly, typically near the end of a legislative session. Because of their large size and scope, omnibus bills limit opportunities for debate and scrutiny on the actual final bill. Historically, omnibus bills have sometimes been used to pass controversial amendments. For this reason, some consider omnibus bills to be anti-democratic. United States In the United S ...
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Deferred Prosecution Agreement
A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a deferred-prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms, and fully cooperate with the investigation. Fulfillment of the specified requirements will then result in dismissal of the charges. United States Since 1999, the United States Department of Justice (DOJ) has set forth guidelines concerning the prosecution of business organizations and corporations. The United States Attorneys' Manual (USAM) of the DOJ allows consideration of non-prosecution or deferred prosecution of corporate criminal offenses because of collateral consequences and discusses plea agreements, deferred prosecution agreements, and non- ...
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New York University Press
New York University Press (or NYU Press) is a university press that is part of New York University New York University (NYU) is a private university, private research university in New York City, New York, United States. Chartered in 1831 by the New York State Legislature, NYU was founded in 1832 by Albert Gallatin as a Nondenominational .... History NYU Press was founded in 1916 by the then chancellor of NYU, Elmer Ellsworth Brown. Directors * Arthur Huntington Nason, 1916–1932 * No director, 1932–1946 * Jean B. Barr (interim director), 1946–1952 * Filmore Hyde, 1952–1957 * Wilbur McKee, acting director, 1957–1958 * William B. Harvey, 1958–1966 * Christopher Kentera, 1966–1974 * Malcolm C. Johnson, 1974–1981 * Colin Jones, 1981–1996 * Niko Pfund, 1996–2000 * Steve Maikowski, 2001–2014 * Ellen Chodosh, 2014–2024 * Eric Schwartz, 2024–present Notable publications Once best known for publishing '' The Collected Writings of Walt Whitman'', ...
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Andrew Cuomo
Andrew Mark Cuomo ( , ; born December 6, 1957) is an American politician and lawyer who served as the 56th governor of New York from 2011 until his resignation in 2021. A member of the Democratic Party and son of former governor Mario Cuomo, Cuomo previously served as the 64th attorney general of New York from 2007 to 2010, and is currently running for mayor of New York City. Born in Queens, New York City, Cuomo is a graduate of Fordham University and Albany Law School. He began his career working as the campaign manager for his father in the 1982 New York gubernatorial election. Later, Cuomo entered the private practice of law and chaired the New York City Homeless Commission from 1990 to 1993. Cuomo then served in the United States Department of Housing and Urban Development as assistant secretary from 1993 to 1997 and as secretary from 1997 to 2001 under President Bill Clinton. Cuomo was elected New York attorney general in 2006, after a failed bid to win the Democrati ...
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