Letter from the Editor-in-Chief, Neil V. Getnick, Esq. Published in Civil Prosecution News, Vol 1, No. 2, Winter 1995 Most businessmen think of the Federal Sentencing Guidelines in purely defensive terms. No wonder. Most lawyers do as well. By now savvy businessmen and their counsel know that the guidelines provide for sentencing of organizations to…
Posts Categorized: Publications and Presentations
Structural Reform: The Front Line Fight Against Business Crime
by Neil V. Getnick & Lesley Ann Skillen Published in the NY Litigator, Vol. 1, No. 2, November 1995. Introduction: New perspectives on Organizational Crime In November, 1991, the federal corporate Sentencing Guidelines became law. In contrast to traditional prosecutive methods, the Guidelines mandate a preventive approach to corporate crime control that assigns responsibility to…
What is Civil Prosecution?
By the Editor-in-Chief, Neil V. Getnick Published in Civil Prosecution News, Vol. 1, No. 1, Fall 1995 Civil Prosecution encompasses the field of law aimed at fashioning civil remedies for commercial fraud and related criminal misconduct. Its principal statutory tools are Civil RICO and False Claims Acts supplemented by various common law state causes of…
Report and Recommendations on Reforming the Carting Industry in New York City
Report of the New York State Bar Association Commercial and Federal Litigation Section 1995 I. Introduction Corrupt activities by racketeers, carting companies and the union representing carting employees in New York City have been well-documented in congressional hearings, government investigations, research reports, newspaper articles and judicial opinions. There have been several prosecutions against the major…
Proposed Legislation to Regulate and Reform the Fulton Fish Market
I am Neil Getnick, managing partner of the New York City law firm Getnick & Getnick LLP. We practice in the areas of commercial counselling and litigation, with a particular focus on civil prosecution, the use of civil remedies to combat commercial fraud and related criminal conduct. Since 1991, I have chaired the New York…
Regulating and Reforming the Fulton Fish Market
Report of the New York State Bar Association Commercial and Federal Litigation Section 1995 Mayor Rudolph W. Giuliani’s proposed comprehensive plan to regulate and reform the Fulton Fish Market deserves the full and immediate support of the New York City Council. The Council should enact enabling legislation allowing for such regulation and reform. That plan…
Report of the Civil Prosecution Committee of the New York State Bar Association Commercial and Federal Litigation Section 1994
The Independent Private Sector Inspector General Introduction 1. This report represents the development of the Independent Private Sector Inspector General (“IPSIG”) concept by a Working Group comprised of representatives of law firms, investigative organizations and public agencies with experience in the implementation of the concept and related fields1. The IPSIG concept was described by the…
The “Alliance” Insurance Fraud: A Case Study in the Civil Prosecution of Business Crime
By Neil V. Getnick and James P. Schratz. Mr. Schratz, formerly Vice-President at Fireman’s Fund, is now president of Jim Schratz & Associates, a consulting firm in Santa Rosa, California. Mr. Getnick, the managing partner of Getnick & Getnick LLP, a Manhattan law firm, was counsel to the litigation team that undertook the successful civil…
Prevention, Not Punishment is the Best Cure for Stock Fraud
by Lesley Ann Skillen Published in the New York Times, September 4, 1994 To the Editor: Frauds of the magnitude of that allegedly committed by Joseph Jett at Kidder, Peabody continue to plague Wall Street because the control of corporate fraud has been the province of prosecutors and regulators, whose function is largely reactive. Their…
Combating Industry-Wide Corruption
by Neil V. Getnick and Lesley Ann Skillen Published in the New York Law Journal, July 15, 1994 Is there a solution to industry-wide corruption in the management of co-op housing and condominiums alleged in the Manhattan District Attorney’s Office’s recent indictments of New York real estate managers and companies? One proposal that some companies…