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Sheppard Mullin Antitrust Team Contributes to the First Edition of the ABA's Antitrust Cartel Leniency and Sentencing Handbook

American Bar Association
03.21.2023

Several members of Sheppard Mullin’s Antitrust & Competition practice group contributed to the first edition of the Antitrust Cartel Leniency and Sentencing Handbook, including Washington, D.C. partners and practice group co-leaders Leo Caseria and Ann O’Brien.

This first edition of the Antitrust Cartel Leniency and Sentencing Handbook provides a guide for criminal antitrust practitioners to help navigate the U.S. Department of Justice Antitrust Division’s Leniency Program. The Leniency Program is one of the Antitrust Division’s most important tools for combating criminal antitrust cartels domestically and across the globe. Now in its fourth decade, the Leniency Program has continued to expand in reach and impact, and attorneys and their clients have sought more guidance on the Leniency Program’s contours and the steps needed to satisfy leniency requirements, which recently underwent its most significant changes in several decades. 

Topics addressed in the handbook include:

  • Review of criminal penalties and collateral consequences for antitrust and related violations
  • Overview of leniency for antitrust violations
  • Requirements of the corporate leniency policy
  • Requirements of the individual leniency program
  • Strategic considerations in deciding to seek leniency
  • General issues in antitrust sentencing
  • Calculating the fine for the organization
  • Application of the sentencing guidelines to individuals
  • Guidelines for related offenses
  • Sentencing advocacy
  • Compliance

This handbook equips criminal cartel defense professionals with the in-depth knowledge they need to successfully represent a client—whether corporation or individual—through the leniency application and investigation processes, or through charging, plea agreements, and sentencing if leniency is not available.

Sheppard Mullin has a leading Antitrust & Competition practice and is highly ranked by several publications for their cartel work including Legal 500 USA’s Antitrust: Cartel.  O’Brien leads Sheppard Mullin’s Criminal Antitrust & Cartels practice, having spent more than 20 years at the DOJ Antitrust Division.

In addition to Caseria and O’Brien, the Sheppard Mullin attorneys who contributed to this book include Lindsey Collins.

To order this handbook, which retails for $199 to the public, please click here.

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