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Check For Weed

Client Alert | less than 1 min read | 02.19.10

In Agredano v. U.S. (Feb. 17, 2010), the Federal Circuit reversed the Court of Federal Claims decision that Customs and Border Protection breached an implied-in-fact warranty when it sold a car at auction containing concealed marijuana, drugs that ultimately resulted in the purchaser spending a year in a Mexican prison. The Federal Circuit held there was no implied-in-fact warranty that the car did not contain contraband, finding there was no meeting of the minds required to form such a warranty because Customs' regulatory duty to remove contraband from the forfeited vehicle did not create a contractual obligation and the agency had expressly disclaimed any and all warranties at the auction.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....

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