Arguments should reflect the total conduct of a defendant. These agreements are governed by the same fundamental principles as the imposition of royalty decisions: prosecutors will generally seek a plea for the most serious offence, consistent with the nature and extent of the defendant`s conduct, which could result in a lasting conviction, which will be informed by an individual assessment of all the facts and circumstances of each case. The charge should not be laid simply to exert influence, to bring legal action; Similarly, the charge should not be dropped to a plea that does not reflect the seriousness of the defendant`s conduct. As part of the AFN, AIS agreed to pay more than $1.2 million in compensation to the GSA. [47] The agreement has a unique factor because of AIS Afognak`s parent status as Alaska Native Corporation. With respect to the NPA, doJ considered that almost all of Afognak`s 1,200 shareholders live or descend from two Alaskan indigenous peoples, considered to be struggling municipalities, and that „Afognak uses all of its net income for the benefit of its shareholders,“ including providing social programs and supporting aid such as assistance to the elderly and education assistance. [48] This resolution emphasizes the importance of demonstrable collateral consequences. These principles, as well as the internal office procedures they have adopted, are exclusively intended to advise government lawyers. They are not intended to create a material or procedural right or a legally enforceable right and cannot be invoked by a party involved in litigation with the United States.
A. General Principle: Prosecutors should consider whether non-criminal alternatives would appropriately deter, punish and rehabilitate a society that has committed reprehensible behaviour. When assessing the adequacy of non-criminal alternatives to prosecution – for example. B Civil or administrative enforcement actions – the prosecutor should consider all relevant factors, including: Gibson Dunnes White Collar Defense and Investigations Practice Group successfully defends companies and executives in a large number of federal and national investigations and prosecutions and conducts sensitive internal investigations for large corporations and their boards of directors in almost all areas of activity.
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