Be Aware of Your Clients’ Potential Exposure to Criminal Liability

Civil litigators who lack criminal experience are sometimes oblivious to facts which might expose their clients to criminal liability for, among other things, violations of tax (beware of cash transactions!), securities, or foreign corrupt practices laws. Recognize when your clients need to consult with experts in these fields. Where there is a possibility of criminal exposure, avoid admissions of culpability, filing pleadings that can be construed as admissions of criminal conduct, and going to trial in a public forum. Use best efforts to settle such cases in a confidential setting, such as a mediation.


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Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute