NYU School of Law's Center on the Administration of Criminal Law Hosts ?Regulation by Prosecutors,? May 8

                                                                                                                    Media Contact: Jason Casell
                                                                                                       212.998.6849; jason.casell@nyu.edu

April 27, 2009 (NEW YORK) 

WHAT:           NYU School of Law’s Center on the Administration of Criminal Law will hold its first major annual conference, “Regulation By Prosecutors,” focusing on the regulation of private industry by criminal prosecutors. “Regulation By Prosecutors” includes demands by state and federal prosecutors that companies engage in particular affirmative acts as a condition of sentencing or to avoid prosecution.

It also includes the use of deferred prosecution agreements, which the Department of Justice has increasingly employed in the investigation of corporate crime.  These regulatory agreements are used as an alternative to an indictment or a decision not to bring charges at all. Deferred prosecution agreements have recently received scrutiny, including being the subject of a House Judiciary Committee hearing and a front-page article in the New York Times.
:            The conference will explore this growing phenomenon of prosecutor-induced regulation – a phenomenon that calls out for research and analysis – by bringing together more than 20 scholars, prosecutors, defense lawyers, and industry leaders from around the country to identify the costs and benefits of this practice and to propose solutions to the leading problems associated with it. James B. Comey, general counsel and senior vice president, Lockheed Martin and former U.S. Deputy Attorney General and U.S. Attorney for the Southern District of New York, will deliver the keynote speech.

A list of some of the panelists and moderators follows:
Mary Jo White, partner, Debevoise & Plimpton, former U.S. Attorney for the Southern District of New York;
Hon. Richard J. Sullivan, U.S. District Judge, U.S. District Court for the Southern District of New York;
Theodore Wells, Jr., partner and co-chair, litigation group, Paul, Weiss, Rifkind, Wharton & Garrison;
Jennifer Arlen, Norma Z. Paige Professor of Law, NYU School of Law;
Rachel Barkow, Professor of Law, NYU School of Law, faculty director, Center on the Administration of Criminal Law;
Richard A. Epstein, James Parker Hall Distinguished Service Professor of Law and director, law and economics program, University of Chicago School of Law; Visiting Professor of Law, NYU School of Law
Harry First, Charles L. Denison Professor of Law, NYU School of Law;
James Jacobs, Chief Justice Warren E. Burger Professor of Constitutional Law and the Courts, NYU School of Law
Vikramadita S. Khanna, Professor of Law, University of Michigan Law School
Kate Stith, Acting Dean and Lafayette S. Foster Professor of Law, Yale Law School

WHEN:           Friday, May 8, 2009, 9:00 a.m. – 5:00 p.m.

WHERE:         NYU School of Law, Vanderbilt Hall, 40 Washington Square South (between MacDougal and Sullivan Streets). Subways: A, B, C, D, E, F, V (West 4th Street).

The event is free and open to the public. A complete schedule, list of participants, and registration information are available at http://www.prosecutioncenter.org. For more information, call 212.998.6705.

Reporters interested in attending should contact Jason Casell at 212.998.6849 or jason.casell@nyu.edu.

The Center on the Administration of Criminal Law at New York University School of Law is an apolitical organization dedicated to defining good government practices in criminal prosecutions through academic research, litigation, and participation in the formulation of public policy. The Center is committed to identifying the best prosecutorial practices and suggesting avenues of reform. The Center’s litigation practice aims to use its empirical research and experience with criminal justice to assist in important criminal justice cases at all levels, concentrating on cases in which exercises of prosecutorial discretion raise significant substantive legal issues. 

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