Independent Counsel

• Independent counsels

• 28 CFR 700.31 - Exemption of the Office of Independent Counsel's systems of records—limited access.

• Code of Federal Regulations - Title 28: Judicial Administration

• Independent Counsel

An attorney appointed by the federal government to investigate and prosecute federal government officials. Before 1988, ind...

• West's Encyclopedia of American Law
• Fri–Jam

• The Case for Independent Counsel

SOX requires that corporations authorize their audit committees to retain independent counsel, and various stock exchanges have established similar requirements for compensation committees. Surveys and experience suggest the following examples: * Allegations of serious improprieties by senior management * External or internal investigations * Senior executive compensation negotiations * Mergers and acquisitions, especially where poison pills or other personal financial incentives exist * Controversial accounting or disclosure issues * SOX compliance * Board evaluations Most company counsel strive to recognize when their advice might be influenced by their relationship with senior management and when to advise the board or individual directors to seek independent counsel.

• Directorship
• Vol. 34 Nbr. 1, February 2008

• 28 CFR 601.1 - Jurisdiction of the Independent Counsel: Iran/Contra.

• Code of Federal Regulations - Title 28: Judicial Administration

• Allan J. Favish, Plaintiff-Appellant, v. Office of Independent Counsel, Defendant-Appellee., 217 F.3d 1168 (9th Cir. 2000)

Allan J. Favish, pro se, Tarzana, California, for the plaintiff-appellant. Leon W. Weidman, Jan L. Luymes, Assistant United States Attorneys, Santa A...

• Federal Circuits

• 28 CFR 602.1 - Independent Counsel: In re Franklyn C. Nofziger.

• Code of Federal Regulations - Title 28: Judicial Administration

• 28 USC 592 - Sec. 592. Preliminary investigation and application for appointment of an independent counsel

• US Code - Title 28: Judiciary and Judicial Procedure

• Independent counsel investigations.

Fourteenth Survey of White Collar Crime The Ethics in Government Act, or independent counsel statute, was enacted in 1978 in response to the Watergate scandal to foster greater accountability within the Executive Branch. The statute, which was amended in 1983 and 1987, provides a mechanism for the Department of Justice to appoint independent counsels to investigate alleged illegalities. The Supreme Court upheld the constitutionality of the statute in 1988. Proposals to reform or repeal the statute are now circulating.

• American Criminal Law Review
• Vol. 36 Nbr. 3, June 1999

• Impeachment and the Independent Counsel: a dysfunctional union.

Independent Counsel Kenneth Starr's investigation into the conduct of Pres Bill Clinton revealed flaws in the Independent Counsel statute, which must be reauthorized by June 30, 1999. One such flaw is the mandate under Section 595(c) that the independent counsel turn over to Congress any evidence of impeachable offense. This makes an executive official an agent of Congress. Congress must also resolve the question of whether a sitting President can be prosecuted.

• Stanford Law Review
• Vol. 51 Nbr. 2, January 1999

• 28 CFR 603.1 - Jurisdiction of the Independent Counsel

• Code of Federal Regulations - Title 28: Judicial Administration