The terms of Archer-Daniels-Midland's $100 million plea agreement suggest that Justice may be emphasizing fines, not future compliance
Article Abstract:
The $100mil fines levied against the Archer-Daniels-Midland Co (ADM) by the Justice Department's Antitrust Division is a record amount and shows the division to be more interested in fines than in compliance programs. The size of the fine was possible because of the interplay of the Fines Enhancement Act and the Organizational Sentencing Guidelines. ADM's possible exposure because of this interplay was probably a reason for the corporation's guilty plea and the grounds for the plea's fine provisions. Companies which do business in areas liable to antitrust violations should still have good corporate compliance programs.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Warts 'n' all, jury works
Article Abstract:
When two important qualifications are met in impaneling and preparing a jury it can be trusted to overcome residual prejudice and render an appropriate verdict, given the presentation by lawyers for both sides. The jury must be representative of the community, as it is the only opportunity most people have to interact with and influence the law that governs them. Second, the jury must be properly constructed and supported, with prejudice overcome via voir dire or venue change, and resources made available to both legal teams.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Sequestering the jury is sometimes essential
Article Abstract:
Jury sequestration if sometimes necessary in high-profile trials to protect jurors from prejudicial publicity such as media leaks about a case. The argument traditionally advanced against sequestration, that it is unfair to jurors, is not strong enough to outweigh the defendant's right to a fair trial. Sequestered jurors are not necessarily less representative of the general population, even though people willing to serve can be more difficult to find, nor are they necessarily pro-prosecution.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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