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Saturday, September 16, 2017
DOJ Considering Changes to Yates Memo
According to Reuters, Deputy Attorney General Rod Rosenstein said on Thursday that there may be changes to the Yates Memo "in the near future." As discussed at length on this blog (see here, here, here, and here; see also here for an article on the Principles of Prosecution and the Yates Memo), the Yates Memo was released by the DOJ in 2015 in response to criticism that the government had failed to prosecute individuals, particularly on Wall Street, related to the financial crisis of the late 2000s. The Yates Memo responded by focussing federal prosecutors on targeting individuals and requiring that corporations provide significant information on employee conduct to receive credit for cooperating with the government. The Yates Memo states, "[t]o be eligible for any cooperation credit, corporations must provide to the Department all relevant facts about the individuals involved in corporate misconduct."
According to reports, Rosenstein said, "It is under review, and I anticipate that there may be some changes to the policy on corporate prosecutions." It is unclear how far the review extends or whether possible changes extend beyond the Yates Memo and include revisions to the larger Principles of Federal Prosecution of Business Organizations contained in the U.S.A.M. Whatever changes are made, it is unlikely that the focus on individuals will diminish. Attorney General Sessions has publicly commented on his commitment to holding individuals accountable for corporate misconduct. We will have to wait, therefore, to see whether significant changes or mere reiterations of current policy priorities are on the horizon.
September 16, 2017 in Deferred Prosecution Agreements, Investigations, Prosecutions, Prosecutors | Permalink | Comments (0)
Wednesday, June 7, 2017
DOJ Ends Third Party Settlement Practice - But What is No Longer Allowed?
Attorney General Jeff Sessions issued a press release today here putting an end to settlements that had payments to third parties as a condition of settlement. The press release says that " [w]ith this directive, we are ending this practice and ensuring that settlement funds are only used to compensate victims, redress harm, and punish and deter unlawful conduct."
Will this mean that Chris Christie's agreement as US Attorney with Bristol-Myers Squibb and the University of Medicine and Dentistry of New Jersey, the former of which included an endowment of an ethics chair to Seton Hall Law School, will no longer be allowed in future agreements(see here, here, and here - see para. 20)?
And will all the groups receiving funds from the BP Plea Agreement find that innovative resolutions will no longer be allowed in the future agreements? For example the BP plea agreement included $350 million to the National Academy of Sciences for the purposes of Oil Spill prevention and response in the Gulf of Mexico. (see here) The Court stated there -
"The National Academy of Sciences is required to use the funds to advance scientific and technical understanding to improve the safety of offshore oil drilling, production and transportation in the Gulf of Mexico."
"Of course, the Court realizes that the fines and other penalties provided by the plea agreement can do nothing to restore the lives of the 11 men who were killed. But in the payment to the National Academy of Sciences, the agreement at least directs money towards preventing similar tragedies in the future. That the bulk of the payments to be made under the plea agreement are directed toward restoring the Gulf Coast and preventing future disasters, contributes to the reasonableness of the plea agreement."
AG Sessions says that "[u]nder the last Administration, the Department repeatedly required settling parties to pay settlement funds to third party community organizations that were not directly involved in the litigation or harmed by the defendant's conduct. Pursuant to the Attorney General's memorandum, this practice will immediately stop."
It remains to be seen what will get included and what will be omitted in future non-prosecution, deferred prosecution, and plea agreements. The actual memo is here.
June 7, 2017 in Civil Enforcement, Deferred Prosecution Agreements, Environment, News, Prosecutions, Prosecutors | Permalink | Comments (0)
Friday, December 30, 2016
2016 White Collar Crime Awards
Each year this blog has honored individuals and organizations for their work in the white collar crime arena by bestowing "The Collar" on those who deserve praise, scorn, acknowledgment, blessing, curse, or whatever else might be appropriate. With the appropriate fanfare, and without further ado, The Collars for 2016:
The Collar for the Best Left Hand Turn – To the Supreme Court following Justice Scalia's death in affirming both insider trading and bank fraud convictions.
The Collar for Failing to Deliver the Goods – To the government for prosecuting Fed Ex and then needing to dismiss the case following opening statements.
The Collar for Needing New Glasses – To James Comey so that he can read Agency policy to not do anything election related within 60 days of an election.
The Collar for Sports MVP – To the world of tennis, which stole some of the focus from FIFA this year with the BBC's allegations of significant match-fixing.
The Collar for Slow and Steady – To Britain's Serious Fraud Office, which, after announcing the implementation of DPAs in October 2012, entered into its first DPA in November 2015 and its second in July 2016.
The Collar for Quick and Steady – To the DOJ, which, according to Professor Brandon Garrett's website, has entered into well over 100 DPAs and NPAs since October 2012.
The Collar for Best Reading of this Blog– To the Supreme Court in reversing Virginia Governor Bob McDonnell's conviction, this blog's 2015 case of most needing review.
The Collar for the Longest Attempt to Justify a Decision – To the 11th Circuit for its 124-page decision in United States v. Clay that attempts to justify how "deliberate indifference" meets the Global Tech standard.
The Collar for Worst Schmoozing at an Airport – To former President Bill Clinton for causing AG Loretta Lynch to accept the FBI's decision-making after Bill Clinton came abroad her airplane.
The Collar for the Most Underreported Settlement – To Trump University's agreement to pay $25 million settlement in the Trump University case.
The Collar for Mandating Corporate Backstabbing – To Deputy AG Sally Yates, who keeps insisting her memo that promoted a corporate divide from its constituents – widely referred to as the "Yates Memo" -- should be called the Individual Accountability Policy.
The Collar for the Pre-mature Weiner Release – To James Comey for his overly excited announcement about the former Congressman's emails.
The Collar for Community Service to Russia – To all those who failed to investigate and release reports on computer hacking that caused the release of information during the election.
The Collar for the Quickest Backpeddling – To Rudy Giuliani for "clarifying" his statement that he knew about a confidential FBI investigation related to Hillary Clinton's emails.
The Collar for Best Game of Hide and Seek – To Donald J. Trump for explaining that he could not release his already-filed tax returns because he was under an IRS audit.
The Collar for Best Self-Serving Confession – To the Russian Sports Federation for admitting there was systematic doping of Olympic athletes (but Putin didn't know about it).
The Collar for Quickest Recantation (aka the "Mea Culpa Collar") – To DOJ Chief Leslie Caldwell for criticizing overly aggressive AUSAs at a Federalist Society function and apologizing to DOJ attorneys a few days later.
The Collar for Best Judicial Watchdog – To Judge George Levi Russell III of the United States District Court for the District of Maryland for his post-trial decision reversing the conviction of Reddy Annappareddy and dismissing the indictment with prejudice based on prosecutorial misconduct.
The Collar for Never Giving In – To Josh Greenberg and Mark Schamel who tirelessly and brilliantly represented Reddy Annappareddy post-trial and secured his freedom.
The Collar for Best Money Laundering – To the New York City and Los Angeles real estate developers who sell eight-figure condo apartments to anonymous LLP's owned by foreign officials and their families.
The Collar for the Best Child – To Don Siegelman's daughter, who continues to fight to "Free Don."
The Collar for the Best Parent – Retired years ago and renamed the Bill Olis Best Parent Award –not awarded again this year since no one comes even close to Bill Olis, may he rest in peace.
(wisenberg), (goldman), (esp)
December 30, 2016 in About This Blog, Current Affairs, Deferred Prosecution Agreements, Government Reports, Investigations, Judicial Opinions, Money Laundering, News, Prosecutions, Prosecutors | Permalink | Comments (0)
Wednesday, July 20, 2016
A Review of the UK Serious Fraud Office's Second DPA
Earlier this month, the UK Serious Fraud Office announced the approval by Lord Justice Leveson of the country's second deferred prosecution agreement. Readers may recall that the implementation of a DPA process is relatively new in the UK (see prior post here). According to the SFO press release in the matter, the company, which remains nameless due to ongoing, related legal proceedings, was subject to an indictment charging "conspiracy to corrupt, contrary to section 1 of the Criminal Law Act 1977, conspiracy to bribe, contrary to section 1 of the same Act, and failure to prevent bribery, contrary to section 7 of the Bribery Act 2010, all in connection with contracts to supply its products to customers in a number of foreign jurisdictions."
Pursuant to the terms of the DPA, the indictment was suspended and the company agreed to pay a total of 6,553,085 British Pounds. The company also agreed to continue to cooperate with the ongoing SFO investigation and conduct a review of all third party transactions and its existing compliance measures.
The SFO press release went on to state:
In passing the judgment, Lord Justice Leveson said:
"[This conclusion] provides an example of the value of self-report and co-operation along with the introduction of appropriate compliance mechanisms, all of which can only improve corporate attitudes to bribery and corruption."
SFO Director David Green CB QC said:
"This case raised the issue about how the interests of justice are served in circumstances where the company accused of criminality has limited financial means with which to fulfill the terms of a DPA but demonstrates exemplary co-operation.
"The decision as to whether to force a company into insolvency must be balanced with the level and nature of co-operation and this case provides a clear example to corporates. The judgment sets out the considerations in detail and endorses the approach we took. As with the first DPA with Standard Bank, the judgment provides clear and helpful guidance."
The suspended charges relate to the period of June 2004 to June 2012, in which a number of the company's employees and agents was involved in the systematic offer and/or payment of bribes to secure contracts in foreign jurisdictions. The SFO undertook an independent investigation over a period of two years, concluding that of the 74 contracts examined 28 were found to have been procured as a result of bribes.
The SME's parent company implemented a global compliance programme in late 2011. In August 2012, this compliance programme resulted in concerns being raised within the SME about the way in which a number of contracts had been secured. The SME took immediate action, retaining a law firm that undertook an independent internal investigation. The law firm delivered a report to the SFO on 31 January 2013, after which the SFO conducted its own investigation.
The SFO would like to thank HM Treasury, HM Revenue & Customs and the Department for Business, Innovation & Skills for their assistance in this investigation.
The final redacted judgement in the matter is available here.
This week, WilmerHale released a piece entitled "The UK's second DPA: a hopeful judgment." In the piece, author Lloyd Firth argues that several revelations from the DPA are encouraging as we consider the role the new DPA system will have in the UK. For those interested in the evolving DPA process in the UK, I recommend you give both the final redacted judgment and the WilmerHale piece a read.
July 20, 2016 in Corruption, Deferred Prosecution Agreements, FCPA, International, Prosecutions, Settlement | Permalink | Comments (0)
Friday, July 15, 2016
Fed Ex Case - Real Change Needs to Happen
In 2014, prosecutors proceeded with a case against fed ex. Unlike many companies in a post-Arthur Andersen world, they would not be bullied into folding and taking a non-prosecution or deferred prosecution agreement. Instead, they took the risk - and it is always a risk - of going to trial. What makes this case particularly puzzling is that the company had cooperated with the government. They hired a top-notch white collar attorney Cristina Arguedas and the government folded shortly after the trial began. Now, according to Dan Levine and David Ingram in their Reuter's story, U.S. Prosecutors Launch Review of Failed Fed Ex Drug Case, the DOJ is reviewing this matter. Some thoughts -
1. It is good to see DOJ re-examining this case. What happened here should not have happened, and learning from this case is important.
2. The review should not be limited to the fed ex case. There needs to be an examination, especially for the smaller companies that cannot afford to go to trial, of the government cooperation tactics.
3. If cooperation is going to work, then credit needs to rightfully be given.
4. The government's pitting employees (the corporate constituents) against the employers (company) needs to also be examined. This practice defeats the ability of corporations and individuals working together to root out corporate misconduct.
5. Criminal defense attorneys need to recognize that one can successfully take a corporation to trial against the government. The risk is enormous, but innocence needs to matter.
July 15, 2016 in Deferred Prosecution Agreements, Media, News, Prosecutions, Prosecutors | Permalink | Comments (0)
Tuesday, June 21, 2016
Abramowitz Decries Effect of Corporate Prosecutions on Employees
Elkan Abramowitz, one of the best and most-respected white collar crime defense practitioners in the nation, last week received the Robert Louis Cohen Award for Professional Excellence from the New York Criminal Bar Association. At the dinner at which he received the award, Mr. Abramowitz spoke thoughtfully about the pernicious effect of prosecutions of corporations, particularly on the rights corporate employees.
The recent focus on perceived corporate wrongdoing, he said, "has seriously impeded the rights of individual employees caught up in the web of ... corporate investigations." He pointed out that the "simple threat"of a corporate investigation has forced corporations "to conduct internal investigations upon any suspicion of wrongdoing" and, because corporations rarely, if ever, can risk going to trial, they will end up disclosing alleged criminality to the prosecutors to work out the best deal they can. The results as to the corporations themselves are non-prosecution or deferred prosecution agreements "which typically give the prosecutors much more power over the corporation than [they] would have if the corporation were actually convicted of a crime in court." The results as to corporate employees are at the insistence of prosecutors as a condition for a deal with the corporation that "the heads of individual employees be handed to them on a silver platter."
Mr. Abramowitz made a distinction between investigations by prosecutors who "hopefully most of the time" investigate without bias toward a particular result and corporations which in an internal investigation "are incentivized to find out and expose criminality." Thus, corporate employees are explicitly made to understand that if they refuse to testify they will be terminated and often told that their legal fees will not be paid if they chose to defend themselves." And, since these individuals accordingly sometimes choose not to hire counsel and to talk to internal investigators, the information presented to prosecutors by corporations often provides "more ammunition" than an investigation conducted by the FBI, police or another federal agency.
The results are, Mr. Abramowitz said, cases against individuals "that might never have been brought without the corporation's coercion." Thus, he believes, "Whatever social utility is believed to be served by this system,..this outsourcing of a purely governmental function is extremely dangerous and [causes] great injustices to individuals working in companies under investigation."
Mr. Abramowitz's observations of the systemic changes, most obviously the role of corporations and their special prosecutors (who, interestingly, he did not mention specifically) as quasi-prosecutors, are right on the mark. And, he is quite correct that the prosecution of individuals coerced into giving up their rights to silence and to counsel in response to their employer's demands "flies in the face of the restraining values of our society as expressed in the Bill of Rights." However, I suspect that most prosecutors and many others (including those liberals and others who like Bernie Sanders are still complaining that no individuals from the big institutions involved in the 2008 financial crisis were jailed) would not say that on balance the addition of corporations to those ferreting out financial crime is a negative one. After all, that addition presumably has or will result in more indictments, convictions, and jail sentences of individuals who have committed financial crimes. While I too bemoan the incursion into fundamental individual rights as a result of corporate prosecutions, I suspect Mr. Abramowitz and I are in the minority.
June 21, 2016 in Attorney Fees, Defense Counsel, Deferred Prosecution Agreements, Investigations, Prosecutions, Prosecutors | Permalink | Comments (0)
Monday, January 4, 2016
Here Is Your $547 Million Check From Swiss Santa
Guest Blogger - Dmitriy Kamensky, Fulbright Faculty Development Fellow, Stetson University College of Law; Professor of Law, Berdyansk State University, Ukraine.
On Dec. 30, just as corporate and the rest of America was getting ready to celebrate the New Year, one of the top-tier Swiss banks, Julius Baer Group, announced (see here) that it had reached an agreement in principle with the U.S. Attorney's Office for the Southern District of New York, related to a long and extensive investigation into aiding American customers to evade millions of tax dollars. The bank said it set aside $ 547 million to settle the matter with the Justice Department and expects to enter a final settlement in the first quarter of 2016.
This final development of the Julius Baer case is the latest of about a dozen Swiss financial institutions that came under DOJ scrutiny for allegedly providing American customers (and taxpayers) with numbered accounts that were protected by Swiss bank-secrecy laws, thus effectively helping U.S. taxpayers underreport their taxes.
In February of 2009, UBS AG, the largest Swiss bank worth over $ 1 trillion in assets, entered into a Deferred Prosecution Agreement (DPA) with the Department of Justice for $780 million (see here). The bank has acknowledged that between 2000 and 2007 it has participated in a cross-border scheme with the purpose of defrauding the United States and the Internal Revenue Service. The scheme was designed to aid American customers in evading federal taxes, by dodging their money to numbered UBS accounts. Under growing pressure from the U.S. authorities, the bank and later the Swiss government agreed to cooperate, by granting access to American accounts and later relaxing bank secrecy laws altogether.
Then in 2014 another larger Swiss lender, Credit Suisse Group AG, moved to settle a similar criminal probe by pleading guilty to conspiracy to aid its American clients in filing false income tax returns with the IRS. The bank agreed to pay $ 2.6 billion in criminal fine, restitution and other penalties (see here).
With the case of Julius Baer outlining the final part of multiyear aggressive probes by DOJ into the Swiss banking industry and tax dodging operations, it becomes clear that bankers across the globe are being given a serious (and quite expensive) warning: do not mess with American tax laws; federal prosecutors and tax agents have long arms.
January 4, 2016 in Deferred Prosecution Agreements, International, Settlement | Permalink | Comments (0)
Tuesday, December 8, 2015
Dewey & LeBoeuf Case to be Retried
Not surprisingly, New York County District Attorney Cyrus Vance's office has announced it will after a hung jury retry, albeit in slimmed-down form with fewer defendants and counts, the criminal case involving the defunct firm of Dewey & LeBoeuf's alleged misrepresentations in seeking financing during its desperate dying days. Prosecutors rarely admit defeat in big cases after a single hung jury. Double jeopardy does not apply.
The major defendant, against whom (as often happens with the highest-ranking officer) there is the least evidence, Steven H. Davis, its former chair, has been pared from the case and apparently will receive a deferred prosecution. "Deferred prosecutions" are rarely, if ever previously, given to individuals by New York state prosecutors, at least by that name. Although the terms have not been announced, this disposition, I suspect will essentially be just a dismissal dressed up so that the prosecutor can save some face and not admit a total loss.
The prosecutor, as is a custom in New York County, announced publicly on the record his plea offers to the three defendants remaining. I find this custom repugnant and sometimes in return I announce the defendant's terms for a final disposition - such as, a dismissal, an apology by the prosecutor and a testimonial dinner in the defendant's honor.
The plea offers here were a felony plea with a one-to-three year jail term to Joel Sanders, a felony plea with 500 hours of community service to Stephen DiCarmine, both of whom spent six months at the trial that ended in a hung jury, and a misdemeanor plea with 200 hours of community service, to Zachary Warren, who was severed and has not yet gone to trial. I would not be surprised if these cases were settled before trial, not necessarily at the offered price.
December 8, 2015 in Current Affairs, Deferred Prosecution Agreements, News, Prosecutions, Prosecutors | Permalink | Comments (0)
Monday, November 30, 2015
Britain's First DPA Approved by Court
According to Reuters, a judge approved Britain's first Deferred Prosecution Agreement today. The below is from the Serious Fraud Office's (SFO) press release.
The Serious Fraud Office's first application for a Deferred Prosecution Agreement was today approved by Lord Justice Leveson at Southwark Crown Court, sitting at the Royal Courts of Justice.
The counterparty to the DPA, Standard Bank Plc (now known as ICBC Standard Bank Plc) ("Standard Bank"), was the subject of an indictment alleging failure to prevent bribery contrary to section 7 of the Bribery Act 2010. This indictment, pursuant to DPA proceedings, was immediately suspended. This was also the first use of section 7 of the Bribery Act 2010 by any prosecutor.
As a result of the DPA, Standard Bank will pay financial orders of US$25.2 million and will be required to pay the Government of Tanzania a further US$7 million in compensation. The bank has also agreed to pay the SFO's reasonable costs of £330,000 in relation to the investigation and subsequent resolution of the DPA.
In addition to the financial penalty that has been imposed, Standard Bank has agreed to continue to cooperate fully with the SFO and to be subject to an independent review of its existing anti-bribery and corruption controls, policies and procedures regarding compliance with the Bribery Act 2010 and other applicable anti-corruption laws. It is required to implement recommendations of the independent reviewer (Price Waterhouse Coopers LLP).
DPAs are a new settlement vehicle in the U.K., as discussed in my article International White Collar Crime and Deferred Prosecution Agreements. One should expect that now the first DPA has been approved, U.K. enforcement bodies will begin aggressively using DPAs in the coming years. As the Director of the SFO, David Green, said of the Standard Bank DPA, "This landmark DPA will serve as a template for future agreements."
The press release and links to the Standard Bank DPA are available on the SFO website.
November 30, 2015 in Deferred Prosecution Agreements, FCPA, International, News, Settlement | Permalink | Comments (0)
Tuesday, November 24, 2015
Yates Memo Hot Topic
Sally Yates' new DOJ Memo has been a hot topic. (see here, here, here). Check out Sara Kropf's terrific entry here reporting and questioning the Yates Memo influence in a recent indictment of a corporate employee.
But one wonders if this DOJ claim that they have changed their policy is anything new. Has DOJ forgotten Enron and Jeff Skilling, who remains incarcerated?
My take continues to be that all the Yates really does is make it official that companies have to throw individuals under the bus (see here). And knocking NPAs and DPAs is not the answer. Yes, the terms within these documents are often offensive. (see here) But getting compliance from companies and changing corporate culture is an important goal and one needs to remain focused on how best to achieve this goal. Working with companies, as opposed to against companies, is the best way to foster compliance. Likewise, pitting individuals within a company against the entity and the entity's counsel is not the answer.
November 24, 2015 in Deferred Prosecution Agreements, Investigations, News, Prosecutions, Prosecutors | Permalink | Comments (0)
Friday, September 18, 2015
GM Deferred Prosecution Agreement and the "New" DOJ Corporate Prosecution Policy
Just days ago, DOJ came down with a new corporate directive (discussed here) describing a shift in investigation policy. The new focus would be on the prosecution of individuals within the entity. It states:
"2. Both criminal and civil corporate investigations should focus on individuals from the inception of the investigation.
Both criminal and civil attorneys should focus on individual wrongdoing from the very beginning of any investigation of corporate misconduct. By focusing on building cases against individual wrongdoers from the inception of an investigation, we accomplish multiple goals. . . . "
So much for this new policy, as the GM Deferred Prosecution Agreement comes before any individual prosecutions. (see Corporate Crime Reporter here). It has the company paying $900 million, accepting responsibility, agreeing to cooperate, and providing information to the government.
Both the old DOJ approach and this new one, that seems to exist only on paper and not in practice, have problems. Both have the company serving as "agents" of the government. Both have the company doing the investigative work for the DOJ. Both have the company "throwing employees under the bus." And both show a disrespect for individual attorney-client relations.
Corporate and individual criminal actions are a problem that needs to be corrected. But as previously said, pitting the entity against its constituents will not correct misconduct. And telling the public that you intend to take a different approach and just days after you do the opposite fosters a lack of trust. It also demonstrates the importance of Congressional action as opposed to reliance on DOJ internal guidelines.
September 18, 2015 in Deferred Prosecution Agreements, Investigations, Prosecutions, Prosecutors | Permalink | Comments (0)
Wednesday, September 9, 2015
It's Official - Throw the Employees Under the Bus
The new DOJ Policy (see here for the NYTimes story that includes DOJ Policy) makes the current practice of corporations "throwing employees under the bus," official. It states, "[t]o be eligible of any cooperation credit, corporations must provide to the Department all relevant facts about the individuals involved in corporate misconduct." Corporations have received deferred and non-prosecution agreements (DPAs and NPAs) that often provide for the corporation cooperating with the government in the investigation of alleged criminally culpable individuals. Now it is clear that to obtain "any" cooperation credit it will be necessary to provide the evidence against these individuals.
Three concerns here:
1) what is meant by providing "all relevant facts"? Does this mean only information that is relevant to the government's case against the individuals? Will the government also be asking for Brady material that might be exculpatory for the individuals? Does this mean that the corporation now is officially a member of the government team?
2) what does this mean for the corporate culture? The concept of the individuals in the company working together, asking for legal advice from corporate counsel, and working to resolve problems in an open environment may now be officially over. This policy pits the corporation against the individual. Is this a wise approach to correcting business misconduct?
3) does this make it more important that there be fairness in internal investigations? See here for a discussion of the importance of fairness in internal investigations.
Interestingly, the new policy calls for starting with the individual and also calls for sharing information between civil and criminal attorneys. It also requires "a clear plan to resolve related individual cases before the statute of limitations expires and declinations as to individuals in such cases must be memorialized." This is a clear message that individual prosecutions are now a priority.
The message to white collar criminal defense attorneys - corporate prosecutions may no longer be the focus. Get ready for more prosecutions against individuals.
September 9, 2015 in Deferred Prosecution Agreements, News, Privileges, Prosecutions, Prosecutors | Permalink | Comments (0)
Friday, April 24, 2015
Terms Within the DP for Deutsche Bank
The Deferred Prosecution Agreement (DPA) is available online on the DOJ website here. Like so many DPAs, this one has terms that place the sole discretion on certain matters with the DOJ. For example,
"Deutsche Bank agrees that in the event that the Department determines, in its sole discretion, that Deutsche Bank has knowingly violated any provision of this Agreement, an extension or extensions of the term of the Agreement may be imposed by the Department, in its sole discretion, for up to a total additional time period of one year, without prejudice to the Department's right to proceed as provided in Paragraphs 13-16 below."
As with many DPAs, it calls for continued compliance, a monitor, and disclosure of information (not covered by the attorney-client privilege, etc.). The agreement allows Deutsche Bank to propose three names of monitors to the government - although the government gets to choose. Bottom line is that if the company complies with the DPA (which is within the sole discretion of the government to decide) the criminal Information gets dismissed. Another problematic provision within the DPA is that:
"Deutsche Bank expressly agrees that it shall not, through present or future attorneys, officers, directors, employees, agents or any other person authorized to speak for Deutsche Bank or its subsidiaries or affiliates, make any public statement, in litigation or otherwise, contradicting the acceptance of responsibility by Deutsche Bank set forth above or the facts described in the attached Statement of Facts."
Is it really necessary to place so much discretion with the government in the DPA? Shouldn't a court get to decide if there is a violation of a DPA? Should First Amendment rights be allowed to be discarded in a DPA? We will probably never know the answer to these questions because companies in a post-Arthur Andersen world can't take a risk of fighting the government. Most just sign the DPA, try their best to comply, and hope they can move on. For a discussion of terms within DPAs, see my co-authored article here.
April 24, 2015 in Deferred Prosecution Agreements | Permalink | Comments (0) | TrackBack (0)
DP for Deutsche Bank Subsidiary to Pay $2.5 Billion
DOJ Press Release here today -
"DB Group Services (UK) Limited, a wholly owned subsidiary of Deutsche Bank AG (Deutsche Bank), has agreed to plead guilty to wire fraud for its role in manipulating the London Interbank Offered Rate (LIBOR), a leading benchmark interest rate used in financial products and transactions around the world. In addition, Deutsche Bank entered into a deferred prosecution agreement to resolve wire fraud and antitrust charges in connection with its role in both manipulating U.S. Dollar LIBOR and engaging in a price-fixing conspiracy to rig Yen LIBOR. Together, Deutsche Bank and its subsidiary will pay $775 million in criminal penalties to the Justice Department."
"The agreement requires the bank to continue cooperating with the Justice Department in its ongoing investigation, to pay a $625 million penalty beyond the fine imposed upon DB Group Services (UK) Limited and to retain a corporate monitor for the three-year term of the agreement."
"Together with approximately $1.744 billion in regulatory penalties and disgorgement—$800 million as a result of a Commodity Futures Trading Commission (CFTC) action, $600 million as a result of a New York Department of Financial Services (DFS) action, and $344 million as a result of a U.K. Financial Conduct Authority (FCA) action—the Justice Department's criminal penalties bring the total amount of penalties to approximately $2.519 billion."
April 24, 2015 in Deferred Prosecution Agreements, News | Permalink | Comments (0) | TrackBack (0)
Monday, February 2, 2015
Judge Rakoff and Professor Garrett on Deferred Prosecution Agreements
Judge Rakoff has authored an interesting article in the New York Review of Books examining Professor Brandon L. Garrett's book entitled "Too Big to Jail: How Prosecutors Compromise with Corporations." Professor Garrett's book looks closely at the use of deferred prosecution agreements by the government and includes a wealth of information and data. While Professor Garrett concludes that deferred prosecution agreements have been "ineffective," he also proposes a number of steps that might make them more efficient in the future. Along with conducting a nice discussion of Professor Garrett's book, Judge Rakoff offers his own perspective on these agreements in his review. For those interested in deferred prosecution agreements, both Judge Rakoff's article and Professor Garrett's book are must reads.
February 2, 2015 in Books, Deferred Prosecution Agreements, Scholarship, Sentencing, Settlement | Permalink | Comments (0) | TrackBack (0)
Friday, October 31, 2014
3rd Annual ABA CJS International White Collar Crime Institute
Earlier this month, I had the pleasure of once again attending the ABA Criminal Justice Section's annual International White Collar Crime Institute in London. This year's event included a host of excellent speakers from around the world addressing some of the most pressing issues in the field. I thought I would take just a few moments to share some of the insights and themes from the conference.
First, there was much discussion about deferred prosecution agreements in the UK. Though a very common means of resolving a criminal investigation in the US, DPAs only became possible in the UK earlier this year. Thus far, no DPAs have been announced in the UK. That might be about to change, however, as several speakers informed the audience that there are rumors in London that the first such DPA may be entered into towards the end of this year. We'll be keeping an eye out for this significant development.
Second, many speakers pointed out important differences that exist globally when discussing white collar crime and enforcement. For example, in the UK, the SFO prefers that corporations not interview employees during an internal investigation. Once the US DOJ becomes involved, however, the DOJ tends to insist on interviews, thus creating a conflict of approaches. As another examples, the trend of requiring monitors as part of settlements is beginning to lose favor in the US. By comparison, the UK is currently moving towards monitorships. As a final example, the role of whistleblowers remains drastically different around the globe. In the US, whistleblowers and whistleblower incentive programs like the FCA and Dodd-Frank are generally considered important tools for discovering misconduct. In France, by comparison, whistleblowing is discouraged. In fact, according to our speakers, in France it would be illegal for an employer to require employees to engage in any form of whistleblowing. These are just a handful of examples of the significant differences that exist around the world and that create complex issues for resolution in cross-border criminal investigations and prosecutions.
Finally, I'll briefly mention the panel I moderated. The panel examined collateral consequences of conviction around the world. Collateral consequences are an issue that is garnering much attention in the United States today. This is partly because of the ABA's collateral consequences website, which is an excellent tool for researching the collateral consequences that might be applicable in a particular case. The website also gives some incredible insights into the breadth and scope of these collateral consequences. In Illinois, for examples, there are 2,266 statues, rules, and regulations imposing various collateral consequences. These include things like losing the right to vote, the right to drive, and the right to hold public office. One might lose a public pension, a business license, or even parental rights. One might lose access to public housing and food stamps. The list is voluminous. One of the most unusual collateral consequences in Illinois makes it a felony for a felon to "knowingly own, possess, have custody, or reside in residence with… an unspayed or unneutered dog or puppy older than 12 weeks of age…." Our conversation in London revealed that the trend of expanding collateral consequences is not limited to the United States. In the UK, prosecutors are now more likely to put forward collateral consequences during a prosecution and the courts are becoming more likely to impose them on individual defendants.
While there are many other fascinating issues that were covered during the conference, including discussion of virtual currencies, anti-bribery initiatives, whistleblowing generally, financial regulations, anti-trust prosecutions, and cyber security, I'll stop here. But I hope this gives some insight into the complexities of international white collar crime in a global environment where significant differences abound.
October 31, 2014 in Conferences, Current Affairs, Deferred Prosecution Agreements, International, Investigations | Permalink | Comments (0) | TrackBack (0)
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."
September 26, 2014 in Deferred Prosecution Agreements, Prosecutors | Permalink | Comments (0) | TrackBack (0)
Monday, September 8, 2014
Criminalizing the American Company – The Economist
The Economist has an excellent article examining the criminalizing of American companies. The piece, entitled "A Mammoth Guilt Trip," covers a lot of ground, including many of the most pressing issues in the field of corporate criminal liability today. The article begins by examining some of the incredible financial settlements we've seen this year. As the piece notes, while the $5.5 billion the DOJ collected in direct payments in 2013 was impressive, it will certainly be "dwarfed by this year's tally." Also examined in the article are issues such as the questionable and opaque ways the government spends settlement funds, the growth in regulatory crimes, the often prohibitive costs of corporate compliance, the inability of many companies to risk proceeding to trial, and, of course, the lack of individual prosecutions following the 2008 financial collapse. Finally, the article contains some great data from Professor Brandon Garrett at the University of Virginia Law School. Professor Garrett maintains a list of government actions against corporations since 2000. In total, the list contains information regarding 2,163 corporate convictions and guilty pleas, along with 313 deferred and non-prosecution agreements. It all makes for a fascinating read.
September 8, 2014 in Deferred Prosecution Agreements, Prosecutions, Settlement | Permalink | Comments (0) | TrackBack (0)
Thursday, May 29, 2014
Credit Suisse Conviction Does Not Demonstrate Substantial Change In Department Of Justice Enforcement
The Department of Justice (DOJ) and Attorney General Eric Holder were strutting last week over the criminal conviction by plea of guilty of Credit Suisse, a major financial institution. "This case shows that no financial institution, no matter its size or global reach, is above the law," declared the Attorney General. Recent prosecutions of major financial institutions had resulted in lesser results, "deferred prosecutions," a somewhat deceptive term for "delayed dismissals," or a guilty plea by a minor affiliate.
The Credit Suisse guilty plea does not represent a sea change in the attitude of DOJ toward major financial institutions; rather, it appears to be a small ratcheting-up of the baseline penalty for serious criminal financial acts by such institutions. Credit Suisse, despite paying a hefty $2.6 billion fine, will not suffer the severe collateral consequences that ordinary individual defendants do upon a criminal conviction. (See here, NACDL's report "Collateral Damage: America's Failure to Forgive or Forget in the War on Crime -- A Roadmap to Restore Rights and Status After Arrest or Conviction," released today, Thursday, May 29, 2014.) It will still be able to act as an investment advisor, due to waivers agreed to by federal and New York State governmental agencies. Thus, its conviction, according to its chief executive Brady Dougan, will not have "any material impact on our operational or business capabilities." In other words, for Credit Suisse, it will be business as usual.
I hold no sympathy for Credit Suisse. Its crimes, continuous and notorious, have enabled American citizens and citizens of other countries to launder and evade tax payments on billions of dollars. In effect, Credit Suisse (not alone among Swiss banks) (see here) was a criminal enterprise, for many years making huge profits from extraordinary fees for its knowing and willful provision of a presumably safe haven for untaxed income, ill-gotten or otherwise. Mr. Dougan had stated to a Senate hearing in February that the tax evasion scheme was the work of a small group of private bankers that was hidden from senior management. That hard-to-believe claim was challenged in a statement by Schweitzerisher Bankpersonalverband, the organization representing the bank's employees: "It was common knowledge that tax evasion was the strategy, a business model pursued by many banks for a long time." See here.
To be sure, Credit Suisse's crimes did not cause the vast hardship to tens of millions of Americans that the wrongs -- criminal or not -- of other major financial institutions did in the last several years. And, further, its acts -- while subject to the long-arm jurisdiction of American courts -- were apparently legal under Swiss law, and seemingly condoned by the Swiss government.
Some commentators have suggested that there is considerable unfairness in prosecuting corporations for acts of low- or mid-level employees without knowledge of corporate leaders (see here), a position with which I generally agree. The demi-prosecution of Credit Suisse, however, does not appear to fit within that category, despite Mr. Dougan's claim. I see no unfairness in the government's requiring Credit Suisse to plead guilty.
I do, however, wonder about the effectiveness of the insistence on a guilty plea if the collateral consequences are waived. The conviction of a major financial institution with a considerable financial penalty but a waiver of regulatory bars is to me little different from a civil finding of wrongdoing with such a penalty. Other than its current status as a convicted felon, Credit Suisse today is essentially in the same position it was two weeks ago.
Given the legitimate (but probably exaggerated) fear that a felony conviction of a major financial institution without regulatory waivers will have on its existence and thus on the economy and societal well-being, it may well be that guilty pleas (and trial convictions too) of such corporations should be accompanied by limited collateral consequences. Such prosecutions, however, will then serve little more than a symbolic purpose (which I accept as a legitimate purpose). Overall, DOJ's prosecution to conviction of Credit Suisse is a positive step, albeit a small one.
The resolution here suggests again that the criminal process is inadequate to prosecute large financial institutions. Society looks to the criminal law to solve far more problems than the criminal law is capable of solving. Meaningful reform of a flawed financial system will not come from criminal prosecutions of corporations, but, if at all, from strong, substantial regulatory rulemaking and non-criminal legislation.
May 29, 2014 in Current Affairs, Deferred Prosecution Agreements, International, Money Laundering, News, Prosecutions, Prosecutors, Tax | Permalink | Comments (0) | TrackBack (0)
Friday, May 16, 2014
Too Big To Jail: Do Guilty Pleas Matter?
Here is an unusually sophisticated article about a white collar topic in today's NYTimes. The piece, by Floyd Norris, probes what are essentially debarment waivers obtained by many financial and brokerage institutions as part of their global deals with DOJ and SEC. A guilty plea or deferred prosecution agreement with DOJ, accompanied by an SEC fine and censure, in the past may have been a company's death knell. Now it is just another cost of doing business. Naturally, guilty pleas still look bad and companies want to avoid them. But there's a rather large difference between a short-term public relations nightmare (or even a long-term and expensive monitoring agreement) and a firm's demise. So when government officials say that no companies are too big to jail or too big to fail, it is important to understand the context of the particular global agreement in question. Because a company can't be jailed, and if the company is big and important enough, it won't be allowed to fail.
May 16, 2014 in Civil Enforcement, Current Affairs, Deferred Prosecution Agreements, SEC, Securities | Permalink | Comments (0) | TrackBack (0)


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Monday, July 21, 2014
Three Core Beliefs Dystopian Stories Demonstrate in the Human Race
I've done posts before about why the dystopian genre is so prevalent today. This was brought up for me again recently when I watched (or re-watched, rather) The Walking Dead series with my mom. After a particularly dark, disturbing episode, she commented about how many movies/TV shows/books deal with the end of the world, and why that is. I told her I thought that we, as a society, were trying to prepare ourselves. She agreed, but wondered why.
Will our society eventually degrade into a post-apocalyptic dystopia? I think it's a definite possibility, if we keep doing the way we currently are, but why is that? Well, let's use a couple of lines from a Schwarzenegger film.
"We're not gonna make it, are we? People, I mean."
"It's in your nature to destroy yourselves."
"Yeah, major drag."
(Anyone know that film?)
Anyway, my point is that, even if our society doesn't ever hit the point of The Hunger Games, Cormac McCarthy's The Road, or The Walking Dead, (we'd need zombies for that) I still think we are trying to warn and prepare ourselves for the worst. We know it's in our nature. And we see the degradation of our society all around us. Even if it's just on an unconscious level (and I'd argue it's not so unconscious) we are trying to tell ourselves something: That the making of a dystopia is all around us.
The problem is that most of us don't know what to do about it. Our world is fast becoming a global society, which isn't bad in and of itself. But the second it starts to go off the rails, it's just too big and daunting an animal to tame. No one knows where to start.
1) That things aren't as bad yet as they could become
2) That we have to hit rock bottom before we can rebound (most dystopian stories start at rock bottom, after all)
3) That once we get to the bottom, we'll have no place to go but up
This shows that, at our core, most human beings are logical, level-headed, determined, and retain their hope that we will always be able to rebound from anything we get ourselves into.
And that gives me hope in our future. No matter how dark the dystopian story-telling gets. :D
Why do you think we're telling so many dystopian stories these days?
5 comments :
Terminator II.ReplyDelete
Those are definitely some of the reasons. I also think because on the whole, a lot of people are losing hope.Replies
I agree, Alex. I think we all need reassurance that somehow, things will get better in the end.Delete
One of the classic exceptions for me is Brave New World. Though it's arguable whether it's a dystopia or not. It's like The Hunger Games but the bread and circuses are spread out a little more evenly. So maybe it's just a weird future novel. The person it's a dystopia to John, who comes from outside. Then it's all kinds of messed up!ReplyDeleteReplies
You know, I saw a TV movie version of Brave New World, and I actually liked the story a lot, though I'm not sure how true to the book it was. It's on my TBR list. One of the classic dystopias I've never read, but really need to. Thanks for input, Keith.Delete
Oh happy to be of service. Classic dystopias--I'd throw I Am Legend and The Time Machine up there, too, at least they influenced how I think about what humanity's future might look like. Richard Matheson's original zombie story has an odd sort of optimism that's lacking in The Walking Dead.Delete

subset: commoncrawl


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|Jean Shafiroff with Zang Toi
Photo Marilyn Kirschner
|Marilyn Kirschner with Natalie Ross in celebratory red, white & blue
Lieba Nesis
Some other good friends of Jean at the luncheon included the whole Lookonline/DFR: Daily Fashion Report staff with Marilyn Kirschner, Laurel Marcus, Jill Golden, Rhonda Erb and the publisher Ernest Schmatolla enjoying the afternoon reunion. While recent reports stated Le Cirque is bankrupt, I have had a number of delicious meals there recently. Today was no exception, with a delicious lunch of tuna tartare and bronzini culminating with a dessert consisting of beautifully constructed chocolate soufflé and cream brûlée.
|The Long Table!
Photo Marilyn Kirschner
The hostess Jean Shafiroff, looking svelte in a pink and yellow Zac Posen dress, spoke of the need for our country to unite and avoid divisiveness in our tumultuous times. She said our enemies would want to see us disagree and therefore, it was necessary to come together. Jean has held this luncheon for five years and this year she honored the victims of terrorism and singled out those in Nice who suffered a horrific attack one year ago.
|Dawn Marie Grannum, Laurel Marcus, Katlean DeMonchy & Marilyn Kirschner
Photo: Lieba Nesis
Jean has been on the board of the French Heritage Society for six years and made a donation to the Society in honor of Bastille Day while stressing the need for camaraderie. Bastille Day, the French national holiday, commemorates the storming of the Bastille, which took place on July 14, 1789 and marked the beginning of the French Revolution. The Bastille was a prison and a symbol of the absolute and arbitrary power of Louis the 16th's Ancient Regime. By capturing this symbol the people signaled that the king's authority should be limited by a separation of powers.
|Couri Hay, Roy Keane, Janna Bullock and Frederick Anderson
Photo: Lieba Nesis
Commemorating this auspicious day, was a wonderful way to kick off the summer and guests were toasting Jean enthusiastically. Janna Bullock who wore an orange silk Chanel dress, told me she was excitedly anticipating her upcoming cruise to Alaska. Janna is involved in a number of great charities, promoting the arts and culture, and frequently hosts events at her magnificent beachfront Southampton home. I also had the opportunity to speak to Frederico Wasserman, a Frenchman, who follows a spartan diet in order to maintain a body fat percentage of 8 percent. Frederico is a marathon runner finishing his recent race in three hours and twenty minutes - the top 5 percent in his age group. Frederico, who looked trim and fabulous in a dark blue suit, did not dissuade me from digging into my dessert- hey it might be Bastille Day but I'm still a gluttonous American.
- Lieba Nesis


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Akwajobs is one year old today. To understand what it is, its achievements and challenges faced up until now, Afro Hustler (AH) met with one of the co-founders, Mr. Otto B. Isong in Buea to throw more light on what the platform is all about.
AH: Please tell us a little about you…
Otto: I'm Otto B. Isong living in Buea, born in the 80s in Lobe, Ndian Division of South West of Cameroon. I studied accounting in UB, then did a lot of self-study in product design, marketing and strategy. I've been in the tech space since 2012.
AH: What's akwajobs, when was it found and why is it important?
Otto: Akwajobs is a job vacancy and internship publishing website that provides information on available internships and job vacancies in Cameroon. We started on the 1st of August 2015. We think we're important in that in addition to providing information, we also provide pertinent assistance for job seekers. Some of this assistance is free, some paid.
AH: There are so many job sites in Cameroon, from jumia jobs (formerly everjobs), doualajobs, jobinfocamer etc and the multitudes of classifieds, what motivated you to get into a very crowded market?
Otto: My friend and co-founder, Eugenie Ebenye was in need of a job. Then I couldn't give her a job but I thought I could invest in her, given that she's smart and her background is in HR. So we talked about it and together we started a job site, akwajobs.
AH: What is the difference between a site like akwajobs.com and njorku.com?
Otto: njorku.com is a search engine (like google.com) for job sites like akwajobs.com. Whereas akwajobs.com is more like your blog or cnn.com, publishing content for free to the world and making it such that applicants can apply for these jobs and employers can manage these applications through its application management software.
AH: The first question that comes to mind the moment someone discovers the site is why the name akwajobs?
Otto: Akwa? A neighbourhood in Douala. Eugenie is from Douala.
AH: Akwajobs is a year old, have you met your expectations so far?
Otto: We didn't have much expectations when we started. I was to put in money and mentor Eugenie while she ran the operations. But along the line she got a job with Razel and I had to continue with the operations.
AH: What have been your greatest challenges?
Otto: Our greatest challenge has been fake jobs. Some people who don't have companies post jobs and claim to be middlemen for companies. Whereas they're scammers collecting money from innocent job seekers. We've had a few job seekers report such incidence to us. Currently, no job is published directly by a third party. We need to check and authenticate the jobs. These simple rules have curbed the number of fake jobs on akwajobs to zero as at now.
AH: We've learned that very few of these job sites are sustainable, can akwajobs.com guarantee its users sustainability?
Otto: Oh yeah! We're here for the long haul.
AH: What's the estimate of the number of job seekers who are gainfully employed as a result of akwajobs?
Otto: We can't have an exact number, but we estimate over 400 so far. You know most people don't come back to say thank you once they have their fill. J
AH: What do you have in store for the hundreds of thousands that use akwajobs.com?
Otto: We have been doing some pretty good tests with some services that are meant to give job seekers an upperhand. Those who have used these services have been very happy with results. All of them have been very happy. Wishing they had had something of that sort early on in their careers. So we're looking at serving more people.
AH: akwajobs.com is 1 year old, what can you say about the employment space in Cameroon?
Otto: Some professions are packed with professionals whereas others lack the necessary manpower. Accounting and finance is one of those that have more than the required number of them. Whereas software development is falling short to meeting the demands of employers. Also, digital marketing, community management and even sales are all falling short of meeting the demand.
Otto: Looking at all the data we have, it is evident that our schools aren't preparing people for what the job market requires. Three years from now, what will be the jobs in high demand? That answer will depend on what the industry wants, however, our educational system doesn't ask such questions or if the leaders do, the followup to them aren't the best.
AH: Can you explain some of the challenges that an average Cameroonian will face when trying to secure a decent job?
Otto: Skills. Skills. Skills. The average Cameroonian isn't very skilful at practical things. We have those who have lots of certificates, yet they can't do the necessary practical work expected of them. But because they have these certificates, they think they're employable. People should focus on getting the required skills that will make them employable. Anything short of that is a waste of time.
Also, most job seekers don't present themselves well. There are those that are educated and skilful but they don't even know what they should be applying for and how to go about their job search.
AH: What do you think are some of the reasons why it is challenging for most Cameroonians to secure jobs?
Otto: The first thing is information availability. Most people aren't informed of the jobs available countrywide.
Also, most small and medium sized enterprises don't have any formal process of recruiting. As such it makes it hard for them to plan their manpower in such a way that it can be beneficial to them and the community. I think as a nation, we still have a long way to go in organizing how we attract and retain skilled workers.
AH: Are there companies which face challenges in getting qualified personnel? If yes, why?
Otto: Oh yes, there are. We know of a few. We've not yet had a full understanding on the part of the employers, so we can't really comment on that.
AH: Any advice to the unemployed Cameroonian youth?
Otto: For those still in school, they should do as much internship as possible and do their best to get the right skills for their dream jobs.
For those already in the job market but are yet to have a job, the only thing I can say is that they should keep searching. And they shouldn't limit their search online. Online platforms do not surface up to 5% of the jobs available in this country. So I think they should hit the streets. If there is a need, they should volunteer and do internships to gain some working experience. It is primordial.
AH: What about those who are already employed? Any advice to them?
Otto: No matter how skilled you are, if your job can be defined into a system, a process, sooner or later a computer can do it. So, the best insurance to have is to keep learning, become much more creative and learn to use your empathy in service. Those are the only things that will ensure you will have a job in 2035 when Cameroon must have emerged.
AH: Anything for employers?
Otto: We need more of them to use our platform to publish jobs. Interestingly, it is entirely free for them. Sometimes, we can assist them in a lot more when necessary.
AH: Any last words?
Otto: Thank you very much for giving us the opportunity to share our story with the world, we very much appreciate it and hope your blog grows from strength to strength. You guys are doing a wonderful job.


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Mumbai to Kolkata
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About Kolkata
Kolkata, formerly known as Calcutta, the capital of West Bengal is a thriving metropolis with much to offer the discerning traveler. Located on the east bank of the Hooghly River, Kolkata is not just the commercial capital but a historical and cultural centre as well. It boasts of some of the finest museums and literary centers in addition to its splendid monuments.
When here, you can indulge in a wide array of Bengali cuisine, from its exceptional street food to seafood specialties and delicious desserts. Shopping can be done in many of its old bazaars and shopping malls that offer a range of products. One can get a flight to Kolkata to visit many of the festivals it hosts throughout the year of which the Durga Puja is renowned.
The city is well connected by air to all major countries and one can get great deals on cheap flight tickets to and from Kolkata. The Airport, located at a distance of 17kms from the city centre, operates daily international as well as domestic flights to and from Kolkata.
|Netaji Subhash Chandra Bose International Airport is around 26 kilometers away from the main city centre. IndiGo, Emirates, Oman Air, SriLankan Airlines, Druk Air, Kingfisher and many others are famous domestic as well as international airlines which serve Kolkata and connect it with the major cities such as Delhi, Mumbai, Begaluru, Chennai and may others. Some of the famous hotels in Kolkata include Park Palace Hotel, Camac Plaza, Fort Radisson Resort, Hotel Peerless Inn and many others. Check Kolkata Flight Status here.
Airport Address
Netaji Subhash Chandra Bose,International Airport, Dum Dum, Kolkata - 700 052. ENQUIRIES PHONE NUMBER: +91 33 2511 8787,FLIGHT INFORMATION NO : +91 33 2511 8787,AIRPORT MANAGER (INT) : +91 33 2511 9172,AIRPORT MANAGER (DOM) : +91 33 2511 8318
About Mumbai
About MumbaiMumbai is perfect in its geographical placement on the western shoreline of mainland India; it is only expected that be referred to as the Gateway of India. The city is a group of six islands. And from Bollywood to the Bombay Stock Exchange, this city offers everyone something to take back with them. Mumbai is often referred to as the city of dreams. Watch the sea change moods at Marine Drive; shop for high-street fashion at Mumbai's fashion streets and flea markets; explore the different cultures thriving in the city; or visit one of the many museums here. Your experience of Mumbai will be different depending on which part of the city you want to witness.
How to reach Mumbai
• Mumbai By Air– The Chhatrapati Shivaji International Airport in Mumbai is one of India's busiest airports. Almost all major international airlines operate direct flights to Mumbai and from Mumbai. Mumbai is also a major city connecting other major cities in India by flights. Some of the major domestic airlines operating from here include JetAirways, SpiceJet, and Indigo.
• Mumbai By Rail– The Indian Railways connects Mumbai to all major cities across India's geographical dimensions. Trains travel back and forth to Mumbai from central, eastern, and western parts of the country. The terminus station is the Chhatrapati Shivaji Terminus, or VT as it was called earlier. Trains from the north of India usually halt at the Mumbai Central Station.
• Mumbai By Road– Mumbai is well linked with the bordering states of Maharashtra through a network of well-constructed national highways and expressways. Travelling by road is a great option for solo travellers, too, as state-run and private buses are cheap, comfortable, and regular. Buses generally stop at the Mumbai Central Bus Station, which is the main bus terminus. Buses plying from Pune and Nasik terminate at the Mumbai–Pune Bus Stand, also known as the Dadar Asiad bus stand.
What to do in Mumbai
Mumbai witnesses tourist footfalls all year round, be it the monsoons or the humid summer. November to February, Mumbai experiences its winters. And as it is an island state, the coastal weather doesn't let the temperature drop below 10°C. Christmas during the winters is a celebrated affair, with numerous churches in the city being lit up for the occasion. Winters in the city are sunny and cool, giving Mumbai the perfect conditions for exploration. During the summer month of March, leading up to May, the city finds itself engulfed in humidity. It gets really hot during this period, with the temperature rising as far as 40°C. However, the coastal advantage gives it pleasant evenings. One can take an off city road trip to Mahabaleshwar during summers or enjoy great deals on MakeMyTrip flights to Mumbai along with hotel deals. One season Mumbai is famous for is the Monsoons, which start in June and sometimes stay until October. July and August witness the heaviest rainfall during this season. However, the tourists and locals beg to differ on the inconvenience as this is considered one of the best times to sit by the sea at Marine Drive and just take in the beauty. Monsoons also feature close off-city hill stations like Matheran, Igatpuri, Lonavala, Khandala, and Mahabaleshwar that escalate in aesthetics when it rains.
To explore Mumbai, start with the following must-see places that form the base of exploring in the city.
1. Hotel Taj Mahal Palace
2. Chhatrapati Shivaji Terminus
3. Chhatrapati Shivaji Maharaj Vastu Sangrahalaya
4. Dr Bhau Daji Lad Mumbai City Museum
5. Colaba Causeway
6. Bademiya Seekh Kebab Stall
7. Bastian Restaurant
8. Burma Burma Restaurant and Tea Room
9. Khyber
10. Birla Mandir
10. Elephanta Island and Caves
11. Sanjay Gandhi National Park
12. Royal Opera House
13. NCPA, Nariman Point
14. Prithvi Theatre
15. Gateway of India
16. Haji Ali Dargah
17. Global Vipassana Pagoda
18. Marine Drive
19. RK Studios
Major Airports in and near Mumbai
The main airport in Mumbai is the Chhatrapati Shivaji International Airport, where all flights to Mumbai and from Mumbai take-off. There are two main terminals—Terminal 1, from where all domestic flights operate, also locally referred to as the old Santa Cruz Airport; and Terminal 2 aka International Terminal, from where all international flights take off. Terminal 2 is a newly constructed terminal.
MakeMyTrip offers a wide range of flights to Mumbai. One can easily use the website to book a flight to Mumbai or from Mumbai, with the major airport being a hub to domestic and international airlines. MakeMyTrip flights to Mumbai can be availed at highly discounted rates during festivals and off seasons.
Airport Address
Chhatrapati Shivaji International Airport, Domestic Terminal, Terminal -1B (Santa Cruz), Mumbai - 400 099. INQUIRY NUMBER FOR INTERNATIONAL AIRPORT - 26813000 INQUIRY NUMBER FOR DOMESTIC AIRPORT - 26264145/26264000
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Adrian Morley could play for Swinton Lions in Sunday's Championship clash with the North Wales Crusaders.
The Warrington skipper is now fully recovered from a torn bicep injury and may be advised to have a run out with the Lions to boost his match fitness.
Morley's Warrington team-mate Lee Briers played for the Lions in their last home game with Whitehaven on his return from injury.
Briers then returned to Warrington and made his comeback on the bench last Sunday against Salford.
All this comes about because of the link between the two clubs and the dual registration scheme.
Morley trained with Warrington yesterday and was due to meet with coach Tony Smith to discuss the possibility of turning out for the Lions.
"It's going to be tough to get in the Warrington side," Morley said. "They're playing very well at the moment, particularly the props, so I'll just have to wait and see what the coaches think."
He added: "I know Lee Briers had to come back through Swinton, who are our A team at the moment and, if that's the case, then I'm not precious about it."
Morley was hoping for a first team recall in last weekend's Challenge Cup clash with Salford.
Swinton football director Paul Kidd was waiting to hear from Tony Smith to see what the Wolves boss thinks is best for Morley.
Morley, who celebrated his 36th birthday during his injury lay-off, remains a member of England's elite training squad and, after attending this week's camp at Loughborough University, has set his sights on playing in the mid-season international against the Exiles.
Morley will have four games in which to hone his fitness ahead of the clash at the Halliwell Jones Stadium on June 14 and is hoping to catch the eye of England coach Steve McNamara during that time after re-affirming his commitment to his country.
"I don't know what Steve is thinking or whether it might not be enough time to prove my form but I'll get out there and do my best and see if I can put myself in position for selection," he added.
Warrington play Hull FC at the Halliwell Jones Stadium in a televised Super League clash tomorrow night.


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Chinese Players Join Local Game - Michael Bebly, BRW (August 29, 2013, page 12, section: BRW-News)
Chinese companies are being encouraged by their own authorities to go out into the world and learn how to do business globally, leading to a clutch of players trying their hand on the ASX.
Company names like 99 Wuxian and Sunbridge will not be familiar to most Australian investors. They're new and they're small. But the mobile commerce marketplace operator and men's clothing retailer are the latest in a line of companies based in and focused on China, but seeking to list on the ASX. It's a group that started with TTG Mobile Coupon Services, which listed here in November last year - and looks certain to grow.
They're starting with baby steps. 99 Wuxian is seeking to raise up to $20 million in a "compliance" listing in late September - essentially, one to get its financial structure and governance processes in a state that is compatible with Western businesses. Sunbridge is seeking to raise $3-10 million in the October listing to help it expand its network of China-only retail outlets...
To read the full report please click here.


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A while ago I blogged about composing a piece of music because a lot of people seem to think it's a much more mysterious proposition than it really is. The tag for that series of posts is Vermont Song. One of the points made in those posts is that first you set your parameters - things like instruments, pitch set (scale), and meter - and then it's sort of like a game wherein you work to see what you can do musically within those parameters.
Thursday, January 12, 2012
Composing Music
A while ago I blogged about composing a piece of music because a lot of people seem to think it's a much more mysterious proposition than it really is. The tag for that series of posts is Vermont Song. One of the points made in those posts is that first you set your parameters - things like instruments, pitch set (scale), and meter - and then it's sort of like a game wherein you work to see what you can do musically within those parameters.
11 comments:
- John Chesnut1/8/12 20:04
About "releasing inherent possibilities": I like that idea, too. It sounds like what I think of as "exploratory behavior." I think of exploratory behavior as the expansive, information-seeking, meaning-making motivational force behind musical form. It is the opposite of the drive to make a conclusion that is a statement of belief.ReplyDelete
A few months ago, you made an encouraging comment to me on Kyle Gann's web site about a paper I have been writing about music, math and meaning. You, Kyle and Brian inspired me to finish the paper and post it at Scribd.
The title is: "What is a Distinctive Musical Idea? Taking the Measure of the Cantabile."
Here is the URL:
I hope that you will enjoy my paper.
Thanks! Have navigated through to your paper and bookmarked it to get back to when I've got a chance to give it the time it deserves. It's going to be slow going for me because I merely recognize some of those names you're building on, but don't really know much about their work. I'll certainly be a test case for whether or not you can write for math-phobes ;-)ReplyDelete
By the way, I got a BA in English from Duke in '71. I remember the name Iain Hamilton, but just how I knew it hasn't floated up yet.
Thanks so much for the mention in the acknowledgements. That the internet and blogging allow me to take part in such high level conversations still sort of amazes me.
- John Chesnut2/8/12 19:36
It's an interesting coincidence that you were at Duke, too. You might have been a freshman when I was there.ReplyDelete
I really have tried to make the paper readable. I would encourage you to just forge ahead, and skim over anything that slows you down.
The paper can be read from different points of view – either as theory or as interpretation. So you can select the parts that are most interesting to you.
I am forging ahead! So far I've been able to follow your argument, a least generally. It's just a busy time for me right now - house full of company, a church performance for my group coming up I need to arrange music for, and I don't have nice stretches of time where I can focus on prose far denser than my usual fare. In the Jungian quaternity of thinking, feeling, intuition & sensation - in music the thinking is probably my weakest area. Plus my musicological ignorance - the name Fux was totally new to me, and Schenker is someone I tried to read years ago and gave up on - just so you'll know what a naif you have on your hands ;-)ReplyDelete
- John Chesnut3/8/12 09:42
I appreciate your forging ahead.ReplyDelete
It sounds like you are just the right person I am trying to reach with the more interpretative side of my paper.
In Meyer's-Briggs terms, I usually test as primarily an INFP and secondarily an INTP. So the paper has a bit of a split personality, which I think is OK as long as you are clear about what you are doing.
It is interesting to me the number of entries you have about Buddhism in your blog.
One small point - I've gotten to where you're comparing Fux and Jeppesen. While you give a thumbnail of Fux, so far there's none for Jeppesen. I was able to Wikipedia him, but it would have been handier if you'd set out clearly at the outset exactly who those two and Schenker were and why you'll be talking about them so much. I have peripheral knowledge of what you're up to, but someone completely unfamiliar with hard core music analysis might find the assumption of familiarity off putting (and, of course, experts would find it a waste of time - so I understand it's a trade off)ReplyDelete
All the Buddhist posts have to do with my notion that the tools of mind training set forth by Tibetan lamas can be useful in self teaching music making as well. As a music therapist I'm probably more interested in the process of making music and getting better at it (and how you can connect with an audience or client) than I am in "just" the music.
- John Chesnut3/8/12 11:13
I appreciate the suggestion. There is probably a way to work out the trade-off.ReplyDelete
I like the connection you make between music-making and Buddhism. I suppose you are talking about both composing and performing.
- John Chesnut3/8/12 13:11
I don't know if I should give the point more emphasis, but I am interested in exploring the limits of rational knowledge.ReplyDelete
I think that hard-core analysis is useful, up to a point, but it can only take us so far. Once you hit that limit, you can either pull up short, or you can take a leap into another way of thinking, where the answers are not that certain.
Thanks for those comments.ReplyDelete
"I think that hard-core analysis is useful, up to a point, but it can only take us so far." As I've been working with your text I've had some of that as a response. To tie it with the Buddhist theme - a foundational principle of mind training is to realize that any action (karma) is positive, neutral or negative depending on the motivation behind it.
Since you're writing this for a very specialised academic audience with the ability to catch all the references - you and they probably decided long ago why this type of analysis is worthwhile.
For the lay reader, a brief paragraph on why you're doing this and why you think Schenker and Meyer are worthy of study and explication would be useful.
I need to finish the paper and then go back and read it again before saying anything specific, but one thing I didn't get this first time is how you went from cantabile, which I need to look up in the Oxford Companion, to cantus firmus - in my naive mind they are vaguely related but not the same thing at all. It's probably something academics have settled on long ago but that lay readers might need more help with.
Apologies for taking so long to give you a full response - but its very slow going for me. I often have to reread sentences and think about what you're saying before going on.
- John Chesnut5/8/12 13:03
These are excellent suggestions.ReplyDelete
As for rereading sentences and thinking about them, that is the best kind of reading!
I feel honored that you would even contemplate doing such a thing.
I certainly do not feel that you have any oblligation to do so.
You are quite right, the cantabile in general and Fux in particular are not necessarily the same thing. It is just that species counterpoint has been so thoroughly studied that it is easier to talk about it than anything else. So it is really just a short-cut to emphasize counterpoint so much.
If I were to talk about the cantabile in general, I might want to go into the literature on the teaching of singing or the teaching of ear-training. That would open up the possibilities quite a bit.
I happen to be much more familiar with the teaching of ear-training. Aside from the physical challenges of singing, I think it is hard to sing what is hard to hear. That raises a lot of issues, since different people bring different ears and different experiences to the classroom. And outside of the classroom, it is possible to devise specialized exercises to work on special problems, if you want to put the effort into it. So, the question of what is easy to hear is a moving target.
Thank you so much for giving my paper so much time. You have already done quite a lot.
I think I'm going to do a fresh post on all this in the fullness of time and link back to this discussion. Lots to say once I sort through my thoughts.ReplyDelete
Interestingly, Scholes has only a two sentence entry on cantabile, where I was expecting a longer discussion. I'd thought it was a particular style of singing - not that it just meant singing - which goes to show you how unfamiliar I am with all this.
So I guess a better way to get at what I was trying to say is that the cantus firmus examples with their uniform and sort of plodding rhythms don't really seem like songs to me. I get why you used them and how handy they are for what you set out to do, though.
I haven't really made sure - but it seems a discussion of Meyer's work is yet to come and is not in some other available file.
Coincidentally I'm just now typing Contrapunctus I from the Art of the Fugue into Finale so I can make parts for flute, alto flute, clarinet and cello. Your point about how singing upward intervals feels different to the singer than downward ones is for me a great insight; something once made conscious of I realize I sort of always knew.
(Sorry for the break in the action - had to submit to one of the medical indignities of late middle age and my schedule got whacked)


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(Why we collect your personal data and what we do with it)
When you supply your personal details to this clinic they are stored and processed for 4 reasons (the bits in bold are the relevant terms used in the Data protection Act 2018, which includes the General Data Protection Regulation – ie the law):
1. We need to collect personal information about your health in order to provide you with the best possible treatment. Your requesting treatment and our agreement to provide that care constitutes a contract. You can, of course, refuse to provide the information, but if you were to do that we would not be able to provide treatment.
2. We have a "Legitimate Interest" in collecting that information, because without it we couldn't do our job effectively and safely.
3. We also think that it is important that we can contact you in order to confirm your appointments with us or to update you on matters related to your medical care. This again constitutes "Legitimate Interest", but this time it is your legitimate interest.
4. Provided we have your consent, we may occasionally send you general health information in the form of articles, advice or newsletters. You may withdraw this consent at any time – just let us know by any convenient method.
We have a legal obligation to retain your records for 8 years after your most recent appointment (or age 25, if this is longer), but after this period you can ask us to delete your records if you wish. Otherwise, we will retain your records indefinitely in order that we can provide you with the best possible care should you need to see us at some future date.
Your records are stored:
· on our computer network, in the case of patient records correspondence, referral letters, invoices etc. These are password-protected, backed up regularly, and the office(s) are locked and alarmed out of working hours.
We will never share your data with anyone who does not need access without your written consent. Only the following people/agencies will have routine access to your data:
· Your clinicians in order that they can provide you with treatment
· Our reception staff, because they organise our clinician's diaries, and coordinate appointments and reminders (but they do not have access to your medical history or sensitive personal information)
· Other administrative staff, such as our bookkeeper. Again, administrative staff will not have access to your medical notes, just your essential contact details.
· We also use Mailchimp to coordinate our messages, so your name and email address may be saved on their server.
From time to time, we may have to employ consultants to perform tasks which might give them access to your personal data (but not your medical notes). We will ensure that they are fully aware that they must treat that information as confidential, and we will ensure that they sign a non-disclosure agreement.
You have the right to see what personal data of yours we hold, and you can also ask us to correct any factual errors. Provided the legal minimum period has elapsed, you can also ask us to erase your records.
We want you to be absolutely confident that we are treating your personal data responsibly, and that we are doing everything we can to make sure that the only people who can access that data have a genuine need to do so.
Of course, if you feel that we are mishandling your personal data in some way, you have the right to complain. Complaints need to be sent to what is referred to in the jargon as the "Data Controller". Here are the details you need for that:
Data Controller, Skinglow beauty Clinic, 16 Bridle Lane, St Margarets, Surrey, TW1 3EG
If you are not satisfied with our response, then you have the right to raise the matter with the Information Commissioner's Office.
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Barcelona full-back Dani Alves has reached an agreement to join Manchester United at the end of the season, according to FIFA agent Francois Gallardo.
The 31-year-old is out of contract next summer and recently told reporters that he would be playing his football in England next season. This was followed up by reports claiming the Brazil international had performed a U-turn and would be extending his contract with the Catalan giants, who are banned from buying any new players until January 2016.
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- Manchester United must pay Dani Alves huge wages
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Gallardo: Alves will join Man United
However, Gallardo - who, it must be noted, doesn't have the best track record when it comes to predicting future transfers - insists that Alves will join the Red Devils in time for the start of the 2015-16 campaign.
"The player will leave Barcelona next season," Gallardo revealed on Spanish television show Neox, according to the Express. "He has signed a preliminary agreement with Manchester United."
Chelsea and Liverpool set for disappointment
Alves, who has won every major trophy since joining Barcelona from Sevilla in 2008, has also been strongly linked with moves to Chelsea and Liverpool over the past few weeks. But if Gallardo's information is accurate, then United's Premier League rivals are set to be left disappointed.
Whether Manchester United require an ageing full-back is debatable. The Red Devils already have one Brazilian right-back in their ranks - Rafael, who is seven years younger than his compatriot and a firm favourite at Old Trafford.
Rafael didn't enjoy his best season last term under the management of David Moyes, and while there have been a few hiccups this season - including his dismal display in the 5-3 defeat against Leicester City - overall he's impressed.
Alves and agent unhappy with Barcelona
Alves and his agent, Dinorah Santana, are unhappy that Barcelona have not approached them with a new contract offer and admitted earlier this week that they will consider their options together over the next few months.
"If the club [Barcelona] wanted to renew Alves they would have done it already. I would not do things they way they have," Santana commented."We will leave the suitors until December or January... then we'll decide who to marry."
Alves to earn £96,000-a-week?
It was reported last month that Manchester United would need to pay Alves a £5 million-a-year (£96,000-a-week) salary to bring him to Old Trafford. The South American, despite his advancing years, remains an excellent full-back - but because of the physical demands of the position he plays in, the Red Devils will do well to get anything more than three years out of him.
Once again, though, it should be noted that Gallardo is the person providing this information - so we wouldn't recommend any Manchester United fan to hold their breath just yet.


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