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Criminal Enforcement of Environmental Laws

Environmental crimes cases continue to be in the vanguard of criminal prosecutions for corporate misconduct, and highlight the critical and sensitive issues faced in white collar litigation. Demands for waiver of corporate attorney-client privilege and extensive cooperation under the Department of Justice (DOJ) Thompson memo, and new prohibitions and enhanced penalties under Sarbanes-Oxley, are making environmental crimes cases easier to bring and tougher to defend. Yet more cases are going to trial. After Booker, the sentencing guidelines are no longer mandatory and some judges are reluctant to send environmental criminals to jail or to impose sanctions demanded in plea negotiations. CL052

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Table of Contents

Environmental Crimes 2005: A Review of Initiatives and Major Prosecutions by the United States Department of Justice's Environmental Crimes Section (8 pp) $29.00

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Worker Safety Cases Priority for Environmental Crimes Chief (18 pp) $29.00

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The State of Environmental Crime Enforcement: An Annual Survey (12 pp) $29.00

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Individual Criminal Liabililty for Willful Violation of the Occupational Safety and Health Act: A Practice Guide for Navigating Investigation and Prosecution of OSHA Crimes (12 pp) $29.00

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When Worker Safety Meets Environmental Crimes: DOJ's New Enforcement Initiative (8 pp) $29.00

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Factors in Decisions on Criminal Prosecutions for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator (10 pp) $29.00

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Exercise of Criminal Prosecutorial Discretion for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator (4 pp) $18.00

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Implementation of the Environmental Protection Agency's Self-Policing Policy for Disclosures Involving Potential Criminal Violations (8 pp) $29.00

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"Waiving" Goodbye to the Internal Investigation (6 pp) $29.00

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Directive 99-20: Global Settlement Policy (6 pp) $29.00

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Directive 99-21: Integrated Enforcement Policy (12 pp) $29.00

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Waiver of the Corporate Attorney-Client and Work Product Protection (4 pp) $29.00

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Brady v. Maryland Motions in Environmental Crime Cases (32 pp) $29.00

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Memorandum of January 28, 2005, from Deputy Attorney General James B. Comey to Federal Prosecutors re Department Polices and Procedures Concerning Sentencing (6 pp)

Sentencing Guidance in Environmental Prosecutions, Including the Use of Supplemental Sentencing Measures (December 2000) (36 pp) $29.00

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Report on the Impact of United States v. Booker on Federal Sentencing (40 pp) $29.00

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Memorandum of January 20, 2003, from Deputy Attorney General Larry D. Thompson to U.S. Attorneys re Principles of Federal Prosecution of Business Organizations (18 pp) $29.00

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Effective Cooperation by Business Organizations and the Impact of Privilege Waivers (28 pp) $29.00

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Suspension and Debarment Considerations from the Beginning to the End (8 pp) $29.00

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Recent Developments in the Criminal Enforcement of Environmental Laws Affecting the Marine Industry (108 pp) $49.00

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