Business crime; perjury expanded

Article Abstract:

The US Court of Appeals for the 6th Circuit expanded the scope of perjury in United States v. Zarn and imposed a new duty and risk on witnesses, thereby changing unilaterally the allocation of responsibilities under the adversary system of justice. De Zarn shows a perjury conviction is a possibility for failing to correct a questioner's mistake and then giving an answer that would be false if the question had been phrased correctly. This distinction between what the questioner intended and what was actually referred to is much discussed in judicial opinions and academic writings about statutory interpretation.

White collar crimes, White collar crime

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Civil discovery missteps invite criminal sanctions; once almost unheard of, prosecution for perjury or obstruction of justice arising from civil discovery is now more common

Article Abstract:

The perjury and obstruction of justice laws are not limited to criminal trials, and prosecutors have been successful in obtaining perjury convictions for statements made in the discovery of civil suits. Violations of the obstruction-of-justice laws are also possible in civil litigation. Attorneys should make clear to clients in civil cases the danger of criminal penalties for dishonest or obstructive conduct. Attorneys can also prevent possible criminal chargges by clear instructions about the response to discovery requests and supervision of these responses.

Remedies, Discovery abuse, Discovery abuse (Law), Obstruction of justice

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FTC applies FCRA to firms; outside counsel that conduct investigations regularly may be 'consumer reporting agencies.'(Fair Credit Reporting Act)(Corporate Counsel)

Article Abstract:

Issues are discussed regarding the classification of outside counsel who who regularly perform outside investigations for their clients as credit reporting agencies who must comply with the Fair Credit Reporting Act when performing investigations. Reasons why this would impair companies' ability to hire competent outside counsel for investigation of possible employee misconduct are also discussed.

Laws, regulations and rules, Finance, Law firms, Consumer credit, Outside counsel

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