Message:

<p>[QUOTE=&quot;V. Kurt Bellman, post: 3315884, member: 71723&quot;]&quot;In determining whether there exists an adequate, non-criminal alternative to prosecution, the attorney for the government should consider all relevant factors, including:</p><p><br /></p><ol> <li>The sanctions or other measures available under the alternative means of disposition;</li> <li>The likelihood that an effective sanction will be imposed; and</li> <li>The effect of non-criminal disposition on federal law enforcement interests.</li> </ol><p><b>Comment.</b> <span style="color: #ff0000">When a person has committed a federal offense, it is important that the law respond promptly, fairly, and effectively.</span> This does not mean, however, that a criminal prosecution must be commenced. In recognition of the fact that resort to the criminal process is not necessarily the only appropriate response to serious forms of antisocial activity, Congress and state legislatures have provided civil and administrative remedies for many types of conduct that may also be subject to criminal sanction. Examples of such non-criminal approaches include civil tax proceedings; civil actions under the False Claims Act or other statutory causes of action for false or fraudulent claims; civil actions under the securities, customs, antitrust, or other regulatory laws; administrative suspension and debarment or exclusion proceedings; and reference of complaints to licensing authorities or to professional organizations such as bar associations. Another potentially useful alternative to prosecution in some cases is pretrial diversion.&quot;</p><p><br /></p><p>Just how many years do we need Dan to keep working before the &quot;importance&quot; is violated? As for civil sanctions, see &quot;laches&quot;.[/QUOTE]</p><p><br /></p>

Your name or email address:

Do you already have an account?

• No, create an account now.
• Yes, my password is:
• Forgot your password?

Stay logged in