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Columbia Law School

2019

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Articles 1 - 30 of 174

Full-Text Articles in Law

Aligning Investment Treaties With Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel Dec 2019

Aligning Investment Treaties With Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …


Inconsistency's Many Forms In Investor-State Dispute Settlement And Implications For Reform, Lise Johnson, Lisa E. Sachs Nov 2019

Inconsistency's Many Forms In Investor-State Dispute Settlement And Implications For Reform, Lise Johnson, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Attracting investment in agriculture has been a key policy goal of governments in the global south. Development partners have supported these policies. But what do governments hope to achieve by attracting investment in the agricultural sector? Why are companies interested in investing? What is in it for local communities? And what is the role of lawyers? This primer provides an introduction to some of the key issues that arise in the negotiation of contracts linked to investments in agriculture, and practical guidance for how to approach common issues. Section 1 of this primer outlines the typical goals of three important …


Legal Frameworks & Foreign Investment: A Primer On Governments’ Obligations, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke, Rumbidzaii Mawen Nov 2019

Legal Frameworks & Foreign Investment: A Primer On Governments’ Obligations, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke, Rumbidzaii Mawen

Columbia Center on Sustainable Investment Staff Publications

Legal frameworks, and how they interact, are often invisible in the day to day. Yet they are powerful forces that influence government actions and that help to shape who benefits and who loses from foreign investment. Understanding these legal frameworks, and how they interact, is critical for anyone concerned with how foreign investment can be better harnessed to support, rather than weaken, sustainable development and human rights.

This primer provides a brief overview of host government obligations under international investment law, international human rights law, domestic law, and relevant investor-state contracts. It also highlights some of the ways in which …


Outcome Report On The Climate Crisis, Global Land Use And Human Rights Conference, Mateusz Kasprowicz, Sam Szoke-Burke, Kaitlin Y. Cordes Nov 2019

Outcome Report On The Climate Crisis, Global Land Use And Human Rights Conference, Mateusz Kasprowicz, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

On September 27th, the Columbia Center on Sustainable Investment (CCSI), the Sabin Center for Climate Change Law, Landesa, the New York City Bar Association International Environmental Law Committee, and Wake Forest Law School hosted a day-long conference on the intersection between land use, the climate crisis and clean energy transition, and human rights.

Held at the Ford Foundation Center for Social Justice, the conference brought together individuals from civil society organizations, governments, and academia, as well as lawyers, climate scientists, land-rights experts, indigenous representatives and other stakeholder groups. The panelists analyzed the critical role that land plays in …


Securing Adequate Legal Defense In Proceedings Under International Investment Agreements: A Scoping Study, Lise Johnson, Brooke Guven Nov 2019

Securing Adequate Legal Defense In Proceedings Under International Investment Agreements: A Scoping Study, Lise Johnson, Brooke Guven

Columbia Center on Sustainable Investment Staff Publications

CCSI prepared a Scoping Study for the Ministry of Foreign Affairs of the Netherlands. Also available are:

  • A summary version of the study (33 pages)
  • A webinar (March 24, 2020), hosted by CCSI and the Ministry of Foreign Affairs of the Netherlands, discussed the Scoping Study and its findings (see also accompanying slides with speaking notes).
  • A webinar organized by UNCITRAL (April 21, 2020). CCSI presented the Scoping Study. A video link of the webinar along with CCSI’s slides are available in English (with speaking notes) and French at that link. CCSI Senior Fellow Karl Sauvant also presented his UNCITRAL …


Ensuring Economic Viability And Sustainability Of Coffee Production, Jeffrey D. Sachs, Kaitlin Y. Cordes, James Rising, Perrine Toledano, Nicolas Maennling Oct 2019

Ensuring Economic Viability And Sustainability Of Coffee Production, Jeffrey D. Sachs, Kaitlin Y. Cordes, James Rising, Perrine Toledano, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

Coffee, the world’s favorite beverage, provides livelihoods for at least 60 million people across dozens of countries. Yet this beloved drink is experiencing a sustainability crisis. A sustained decline in world coffee prices has squeezed coffee producers, and thrown a tremendous number of producers below the global extreme poverty line. This report presents our research into sustainability within the coffee sector, including the results of our analytical and empirical modeling, and provides several recommendations.


Linkages To The Mining Sector In Colombia, Nicolas Maennling, Perrine Toledano Oct 2019

Linkages To The Mining Sector In Colombia, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

At the request of the Colombian Government and with the support of GIZ, CCSI prepared a policy brief focused on linkages from the mining sector in Colombia. The brief gives an overview of existing regulatory requirements, government policies and company programs to foster economic and infrastructure linkages. Based on the findings, the brief provides suggestions for next steps if the government is to develop a more comprehensive linkage creation program.


Agricultural Investments: A Primer For Host Government Lawyers And Local Lawyers In Private Practice, Tehtena Mebratu-Tsegaye Oct 2019

Agricultural Investments: A Primer For Host Government Lawyers And Local Lawyers In Private Practice, Tehtena Mebratu-Tsegaye

Columbia Center on Sustainable Investment Staff Publications

Attracting investment in agriculture has been a key policy goal of governments in the global south. Development partners have supported these policies. But what do governments hope to achieve by attracting investment in the agricultural sector? Why are companies interested in investing? What is in it for local communities? And what is the role of lawyers? This primer provides an introduction to some of the key issues that arise in the negotiation of contracts linked to investments in agriculture, and practical guidance for how to approach common issues. Section 1 of this primer outlines the typical goals of three important …


Fixing The Business Of Food: The Food Industry And The Sdg Challenge, Barilla Center For Food And Nutrition, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab Sep 2019

Fixing The Business Of Food: The Food Industry And The Sdg Challenge, Barilla Center For Food And Nutrition, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab

Columbia Center on Sustainable Investment Staff Publications

In collaboration with the Barilla Center for Food and Nutrition, the UN Sustainable Development Solutions Network, and the Santa Chiara Lab of the University of Siena, CCSI presented its first report on Fixing the Business of Food.

The document, part of a two-year effort, highlights the sustainable development challenge faced by the food industry. By proposing a Four Dimension framework, the report asks four overarching questions for companies in the food sector to address alignment with the SDGs:

  1. Does the company contribute to healthy and sustainable dietary patterns through its products and strategy?
  2. Are the company’s production processes economically, socially, …


Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman Jul 2019

Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …


Briefing For Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work And What Are Their Environmental Impacts?, Columbia Center On Sustainable Investment Jul 2019

Briefing For Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work And What Are Their Environmental Impacts?, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

If a company wants to use a community’s land for eucalyptus plantations, the community should think carefully about whether this is a good idea. Civil society organizations that support communities can use this briefing to help communities understand the potential environmental impacts the community should be aware of. The briefing explains plantation forestry and the life-cycle of eucalyptus tree plantations. It also notes the different possible negative environmental impacts of eucalyptus plantations before exploring how this information can be factored into community decision-making about a proposed eucalyptus plantation. While the briefing focuses on eucalyptus plantations, a lot of it will …


Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson Jul 2019

Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …


Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger Jul 2019

Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …


Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey Jul 2019

Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …


Human Rights Law And The Investment Treaty Regime, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson Jun 2019

Human Rights Law And The Investment Treaty Regime, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights. Investment treaty standards enforced through investor-state arbitration risk adversely affecting access to justice for project-affected rights holders. More broadly, the regime contributes to a system of global economic governance that elevates and rewards investors’ actions and expectations, irrespective of whether they have adhered to their responsibilities to respect human rights. Without comprehensive reform, investment treaties and investor-state arbitration will continue to interfere with …


Primer: International Investment Treaties And Investor-State Dispute Settlement, Columbia Center On Sustainable Investment May 2019

Primer: International Investment Treaties And Investor-State Dispute Settlement, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

What Are International Investment Agreements (IIAs)?
IIAs are bilateral or multilateral treaties that commit state-parties to afford specific standards of conduct to foreign investors from the other state-parties. These treaties grant foreign investors certain benefits, including recourse to Investor-State Dispute Settlement (ISDS) to resolve disputes with host states. Over 3,300 agreements have been concluded worldwide, including NAFTA and the Comprehensive and Progressive TransPacific Partnership.

What is Investor-State Dispute Settlement (ISDS)?
IIAs allow foreign investors (individuals and companies) to allege treaty violations by suing states through ad hoc arbitration. Arbitration tribunals are composed of party-appointed (and party-paid) private lawyers. Tribunals …


The Policy Implications Of Third-Party Funding In Investor-State Dispute Settlement, Brooke Guven, Lise Johnson May 2019

The Policy Implications Of Third-Party Funding In Investor-State Dispute Settlement, Brooke Guven, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In this Working Paper, CCSI analyzes underexplored yet critical policy issues surrounding the use of third-party funding in ISDS. It considers the costs and benefits of the practice, asks whether it is desirable or undesirable that third-parties be permitted to invest in ISDS claims, and if so, under what circumstances and in order to achieve what objectives, and overviews policy responses, including a total or partial ban and various regulatory responses, that may be appropriate to manage identified impacts.


Ccsi Submits Written Views To Us Department Of State Regarding Uncitral’S Working Group Iii, Columbia Center On Sustainable Investment May 2019

Ccsi Submits Written Views To Us Department Of State Regarding Uncitral’S Working Group Iii, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In connection with the US Department of State’s Annual Advisory Committee on Private International law meeting in May 2019, CCSI submitted written views regarding UNCITRAL’s Working Group III on ISDS reform. CCSI’s comments highlighted specific areas of CCSI’s research as it relates to the US Government and its work within the Working Group. Specifically, US investment treaty negotiating objectives specify that covered foreign investors in the United States should not be accorded greater substantive rights than domestic investors. CCSI highlights the ways in which greater procedural rights afforded under investment treaties to foreign investors in practice result in greater substantive …


Alternatives To Investor-State Dispute Settlement, Lise Johnson, Jesse Coleman, Brooke Güven, Lisa E. Sachs Apr 2019

Alternatives To Investor-State Dispute Settlement, Lise Johnson, Jesse Coleman, Brooke Güven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Proponents often explain support for international investment agreements (IIAs) for their ability to: (1) promote investment flows; (2) depoliticize disputes between investors and states; (3) promote the rule of law; and (4) provide compensation for certain harms to investors – objectives of varying degrees of importance to multinational enterprises, home states, host states, and other stakeholders.

While each of these objectives may seem desirable, it is important to consider what exactly they mean and whether IIAs are optimally tailored to achieve them.

This two-part series aims to consider just that. In the first blog installment, we asked of investor-state dispute …


Investment Treaties, Investor-State Dispute Settlement And Inequality, Lisa E. Sachs, Lise Johnson Apr 2019

Investment Treaties, Investor-State Dispute Settlement And Inequality, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

International investment treaties entrench and exacerbate intra-national inequality by:

  1. Providing stronger substantive legal rights to a certain class of actors that in turn strengthen the legal force of their economic rights and “expectations”, with potentially negative impacts on the competing rights and interests of other stakeholders; and
  2. Providing unequal procedural rights to a certain class of actors, easing their ability, through ISDS, to challenge regulatory measures negatively impacting their economic interests, while other individuals and entities continue to face relatively high legal and practical barriers to using litigation to protect and/or enhance public interest objectives.

This Working Paper, adapted from …


Innovative Financing Solutions For Community Support In The Context Of Land Investments, Sam Szoke-Burke Mar 2019

Innovative Financing Solutions For Community Support In The Context Of Land Investments, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit from investments. A lack of community support can also lead to conflict and challenges that are damaging for companies and host governments.

Donors and support providers have found ways to finance support for communities, but such efforts can only extend so far. Promising new opportunities exist for filling the financing gap, yet they will require sustained efforts by a range of actors. …


The Guatemalan Presidential Election, Center For The Advancement Of Public Integrity Jan 2019

The Guatemalan Presidential Election, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

With current President Jimmy Morales’ term concluding in 2020, the presidential election is currently underway in Guatemala to determine his successor. The Constitution of Guatemala prohibits incumbent presidents from running for a second term and several prominent political figures are competing to replace President Morales, with many accusations about their checkered political past.


The Department Of Defense Office Of Inspector General’S Seven Key Principles For Improving Our Federal Employee Viewpoint Survey Scores, Glenn A. Fine Jan 2019

The Department Of Defense Office Of Inspector General’S Seven Key Principles For Improving Our Federal Employee Viewpoint Survey Scores, Glenn A. Fine

Center for the Advancement of Public Integrity (Inactive)

Every year, the Office of Personnel Management (OPM) surveys employees throughout the federal government on how they view their organizations. This survey, called the Federal Employee Viewpoint Survey, or FedView Survey, asks federal employees a variety of questions about their views of their organization, managers, supervisors, and senior leaders; whether the employees believe they have the training and tools they need to do their jobs; overall how satisfied they are with their organization; and several other important questions related to employee engagement. The Partnership for Public Service then analyzes the results of the survey and ranks the government organizations on …


Canadian Corruption And The Snc-Lavalin Affair, Center For The Advancement Of Public Integrity Jan 2019

Canadian Corruption And The Snc-Lavalin Affair, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

On February 7, 2019, The Globe and Mail published a report alleging that Canadian Prime Minister Justin Trudeau, together with his aides and cabinet officers, had attempted to improperly influence former Attorney General Jody Wilson-Raybould in the Canadian Justice Department’s prosecution of Montreal construction firm SNC-Lavalin. SNC-Lavalin is a major company, which employs thousands of workers and reported 10 billion Canadian Dollars in revenue in 2018. The charges against them centered around allegations that they had made numerous bribes to Libyan officials from 2001-2011 in order to secure contracts. Due to these charges, SNC-Lavalin faces a potential ban on bidding …


Proposal For A New State Ethics Commission In New York, Center For The Advancement Of Public Integrity Jan 2019

Proposal For A New State Ethics Commission In New York, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

With the start of the 2019 legislative session, some New York lawmakers are setting their sights on overhauling the state’s current anti-corruption and ethics structure. Since 2000, 30 New York lawmakers have left state office facing criminal or ethical allegations and many more public employees have faced allegations of criminal or unethical conduct and termination of their employment. Leading the effort to overhaul the current system is Senator Liz Krueger, a Democrat from Manhattan, who recently announced her plan to introduce a constitutional amendment that would create a new independent ethics commission to investigate wrongdoing by public officials. The Center …


Re-Examining The Line Between Personal And Political Campaign Expenditures: Possible Solutions For A Hazy Statutory Framework, Jeffrey Greenberg Jan 2019

Re-Examining The Line Between Personal And Political Campaign Expenditures: Possible Solutions For A Hazy Statutory Framework, Jeffrey Greenberg

Center for the Advancement of Public Integrity (Inactive)

On Wednesday, May 16, 2018, the Public Integrity Bureau of the New York State Attorney General’s Office indicted Richard Thomas. Thomas, the mayor of Mount Vernon, New York, faced felony charges of grand larceny and filing false statements resulting from the alleged theft of thousands of dollars from his mayoral campaign committee, Friends of Richard Thomas, for meals, automobile payments, and other personal expenses. While Thomas eventually pled guilty to misdemeanor charges and resigned from office, the prosecutors’ choice to use fraud and theft statutes rather than election law violations as the foundation for their theory of the case calls …


Report Of The Task Force For The Promotion Of Public Trust: City Of Atlanta, Leah Ward Sears, Derek Alphran, O.V. Brantley, Linda Disantis, William S. Duffy Jr., Robert M. Franklin Jr., Maryanne Gaunt, Lawton Jordan, Don Penovi, Michael T. Sterling, Joseph Wilkinson Jr., Paul Zucca Jan 2019

Report Of The Task Force For The Promotion Of Public Trust: City Of Atlanta, Leah Ward Sears, Derek Alphran, O.V. Brantley, Linda Disantis, William S. Duffy Jr., Robert M. Franklin Jr., Maryanne Gaunt, Lawton Jordan, Don Penovi, Michael T. Sterling, Joseph Wilkinson Jr., Paul Zucca

Center for the Advancement of Public Integrity (Inactive)

The Task Force for the Promotion of Public Trust was formed out of a desire by the Mayor and Atlanta City Council to strengthen the City’s ethical environment and analyze the City’s existing resources pertaining to oversight and investigations currently divided among a number of City agencies. The Task Force was also asked to assess the role of the City’s Independent Compliance Office, a new investigative office created by Ordinance earlier this year. The mandate of the Task Force was to juxtapose an analysis of the operational roles of the multiple offices in Atlanta responsible for investigations, ethics, oversight, audit, …


From The Basketball Court To Federal Court: Perils Of The Prosecutorial Approach To Wire Fraud In The Ncaa Basketball Cases, Paul Tuchmann Jan 2019

From The Basketball Court To Federal Court: Perils Of The Prosecutorial Approach To Wire Fraud In The Ncaa Basketball Cases, Paul Tuchmann

Center for the Advancement of Public Integrity (Inactive)

Three similar criminal cases involving college basketball are currently progressing through the Southern District of New York. The first to go to trial, United States v. James Gatto, Merl Code, and Christian Dawkins, No. 17 Crim. 686, culminated in a guilty verdict on October 24, 2018, with all three defendants found guilty on charges of wire fraud and conspiracy to commit wire fraud.

The United States Attorney’s Office for the Southern District of New York alleged that the Gatto defendants participated in a scheme in which the defendants—former Adidas employees Gatto and Code, as well as aspiring sports agent …


Tweets, Lobbying, And Loopholes: A Pragmatic Approach To Lobbying Reform, Jackson Rubinowitz Jan 2019

Tweets, Lobbying, And Loopholes: A Pragmatic Approach To Lobbying Reform, Jackson Rubinowitz

Center for the Advancement of Public Integrity (Inactive)

On May 30, 2019, an unlikely agreement between Rep. Alexandria Ocasio-Cortez and Sen. Ted Cruz appeared to take place on Twitter. Ocasio-Cortez tweeted that members of Congress should be banned from becoming corporate lobbyists or should at least be subjected to a waiting period following their congressional service. Ocasio-Cortez cited a statistic from Public Citizen, in which the advocacy group reported that among former Congress members who move to jobs outside of politics, nearly 60% start lobbying or otherwise influencing federal policy. After Cruz weighed in expressing his agreement with Ocasio-Cortez’s proposal, Ocasio-Cortez proposed a deal to co-lead a bill …


Corruption In Basketball: Understanding United States V James Gatto Et. Al., Cara Christina Maines, Edward Popovici Jan 2019

Corruption In Basketball: Understanding United States V James Gatto Et. Al., Cara Christina Maines, Edward Popovici

Center for the Advancement of Public Integrity (Inactive)

In United States v. James Gatto et. al., federal prosecutors successfully argued that violations of rules adopted by private associations can form the basis for federal criminal prosecution. The convictions in the Gatto case established that rules promulgated by the National College Athletic Association, the NCAA, could serve as the basis for felony charges of, among others, wire fraud and conspiracy to commit wire fraud. The Gatto trial was part of a much larger investigation by the FBI into NCAA sports corruption. This paper will look at the NCAA investigation with a focus on James Gatto and his associates, …