The Criminal Class Action

Over the past ten years, in a variety of high-profile corporate scandals, prosecutors have sought billions of dollars in restitution for crimes ranging from environmental dumping and consumer scams to financial fraud. In what we call “criminal class action” settlements, prosecutors distribute that money to groups of victims as in a civil class action while continuing to pursue the traditional criminal justice goals of retribution and deterrence. Unlike civil class actions, however, the emerging criminal class action lacks critical safeguards for victims entitled to compensation. While prosecutors are encouraged, and even required by statute, to seek victim restitution, they lack adequate rules requiring them to (1) coordinate with other civil lawsuits that seek the same relief for victims, (2) hear victims’ claims, (3) identify conflicts between different parties, and (4) divide the award among victims. We argue that prosecutors may continue to play a limited role in compensating victims for widespread harm. However, when prosecutors compensate multiple victims in a criminal class action, prosecutors should adopt rules similar to those that exist in private litigation to ensure that the victims receive fair and efficient compensation. We propose four solutions to give victims more voice in their own redress while preserving prosecutorial discretion: (1) that prosecutors and courts coordinate overlapping settlements before a single federal judge, (2) that prosecutors involve representative stakeholders in settlement discussions through a mediation-like process, (3) that courts subject prosecutors’ distribution plans to independent review to police potential conflicts of interest, and (4) that prosecutors adopt the distribution guidelines the American Law Institute developed for large-scale civil litigation to balance victims’ competing interests

The Criminal Class Action

Over the past ten years, in a variety of high-profile corporate scandals, prosecutors have sought billions of dollars in restitution for crimes ranging from environmental dumping and consumer scams to financial fraud. In what we call “criminal class action” settlements, prosecutors distribute that money to groups of victims as in a civil class action while continuing to pursue the traditional criminal justice goals of retribution and deterrence. Unlike civil class actions, however, the emerging criminal class action lacks critical safeguards for victims entitled to compensation. While prosecutors are encouraged, and even required by statute, to seek victim restitution, they lack adequate rules requiring them to (1) coordinate with other civil lawsuits that seek the same relief for victims, (2) hear victims’ claims, (3) identify conflicts between different parties, and (4) divide the award among victims. We argue that prosecutors may continue to play a limited role in compensating victims for widespread harm. However, when prosecutors compensate multiple victims in a criminal class action, prosecutors should adopt rules similar to those that exist in private litigation to ensure that the victims receive fair and efficient compensation. We propose four solutions to give victims more voice in their own redress while preserving prosecutorial discretion: (1) that prosecutors and courts coordinate overlapping settlements before a single federal judge, (2) that prosecutors involve representative stakeholders in settlement discussions through a mediation-like process, (3) that courts subject prosecutors’ distribution plans to independent review to police potential conflicts of interest, and (4) that prosecutors adopt the distribution guidelines the American Law Institute developed for large-scale civil litigation to balance victims’ competing interests

Judging Aggregate Settlement

While courts historically have taken a hands-off approach to settlement, judges across the legal spectrum have begun to intervene actively in “aggregate settlements”—repeated settlements between the same parties or institutions that resolve large groups of claims in a lockstep manner. In large-scale litigation, for example, courts have invented, without express authority, new “quasi-class action” doctrines to review the adequacy of massive settlements brokered by similar groups of attorneys. In recent and prominent agency settlements, including ones involving the SEC and EPA, courts have scrutinized the underlying merits to ensure settlements adequately reflect the interests of victims and the public at large. Even in criminal law, which has lagged behind other legal systems in acknowledging the primacy of negotiated outcomes, judges have taken additional steps to review iterant settlement decisions routinely made by criminal defense attorneys and prosecutors. Increasingly, courts intervene in settlements out of a fear commonly associated with class action negotiations—that the “aggregate” nature of the settlement process undermines the courts’ ability to promote legitimacy, loyalty, accuracy and the development of substantive law. Unfortunately, when courts step in to review the substance of settlements on their own, they may frustrate the parties’ interests, upset the separation of powers, or stretch the limits of their ability. The phenomenon of aggregate settlement thus challenges the judiciary’s duty to preserve the integrity of the civil, administrative, and criminal justice systems. This Article maps the new and critical role that courts must play in policing aggregate settlements. We argue that judicial review should exist to alert and press other institutions—private associations of attorneys, government lawyers, and the coordinate branches of government—to reform bureaucratic approaches to settling cases. Such review would not mean interfering with the final outcome of any given settlement. Rather, judicial review would instead mean demanding more information about the parties’ competing interests in settlement, more participation by outside stakeholders, and more reasoned explanations for the trade-offs made by counsel on behalf of similarly situated parties. In so doing, courts can provide an important failsafe that helps protect the procedural, substantive, and rule-of-law values threatened by aggregate settlements

Pseudospectral time-domain (PSTD) methods for the wave equation: Realising boundary conditions with discrete sine and cosine transforms

Pseudospectral time domain (PSTD) methods are widely used in many branches of acoustics for the numerical solution of the wave equation, including biomedical ultrasound and seismology. The use of the Fourier collocation spectral method in particular has many computational advantages. However, the use of a discrete Fourier basis is also inherently restricted to solving problems with periodic boundary conditions. Here, a family of spectral collocation methods based on the use of a sine or cosine basis is described. These retain the computational advantages of the Fourier collocation method but instead allow homogeneous Dirichlet (sound-soft) and Neumann (sound-hard) boundary conditions to be imposed. The basis function weights are computed numerically using the discrete sine and cosine transforms, which can be implemented using O(N log N) operations analogous to the fast Fourier transform. Practical details of how to implement spectral methods using discrete sine and cosine transforms are provided. The technique is then illustrated through the solution of the wave equation in a rectangular domain subject to different combinations of boundary conditions. The extension to boundaries with arbitrary real reflection coefficients or boundaries that are non-reflecting is also demonstrated using the weighted summation of the solutions with Dirichlet and Neumann boundary conditions.Comment: 21 pages, 10 figure

The Heavy Photon Search beamline and its performance

The Heavy Photon Search (HPS) is an experiment to search for a hidden sector photon, aka a heavy photon or dark photon, in fixed target electroproduction at the Thomas Jefferson National Accelerator Facility (JLab). The HPS experiment searches for the e$^+$e$^-$ decay of the heavy photon with bump hunt and detached vertex strategies using a compact, large acceptance forward spectrometer, consisting of a silicon microstrip detector (SVT) for tracking and vertexing, and a PbWO$_4$ electromagnetic calorimeter for energy measurement and fast triggering. To achieve large acceptance and good vertexing resolution, the first layer of silicon detectors is placed just 10 cm downstream of the target with the sensor edges only 500 $\mu$m above and below the beam. Placing the SVT in such close proximity to the beam puts stringent requirements on the beam profile and beam position stability. As part of an approved engineering run, HPS took data in 2015 and 2016 at 1.05 GeV and 2.3 GeV beam energies, respectively. This paper describes the beam line and its performance during that data taking

Enhanced suppresion of localization in a continuous Random-Dimer Model

We consider a one-dimensional continuous (Kronig-Penney) extension of the (tight-binding) Random Dimer model of Dunlap et al. [Phys. Rev. Lett. 65, 88 (1990)]. We predict that the continuous model has infinitely many resonances (zeroes of the reflection coefficient) giving rise to extended states instead of the one resonance arising in the discrete version. We present exact, transfer-matrix numerical calculations supporting, both realizationwise and on the average, the conclusion that the model has a very large number of extended states.Comment: 10 pages, 3 Figures available on request, REVTeX 3.0, MA/UC3M/1/9

Dynamics of fully coupled rotators with unimodal and bimodal frequency distribution

We analyze the synchronization transition of a globally coupled network of N phase oscillators with inertia (rotators) whose natural frequencies are unimodally or bimodally distributed. In the unimodal case, the system exhibits a discontinuous hysteretic transition from an incoherent to a partially synchronized (PS) state. For sufficiently large inertia, the system reveals the coexistence of a PS state and of a standing wave (SW) solution. In the bimodal case, the hysteretic synchronization transition involves several states. Namely, the system becomes coherent passing through traveling waves (TWs), SWs and finally arriving to a PS regime. The transition to the PS state from the SW occurs always at the same coupling, independently of the system size, while its value increases linearly with the inertia. On the other hand the critical coupling required to observe TWs and SWs increases with N suggesting that in the thermodynamic limit the transition from incoherence to PS will occur without any intermediate states. Finally a linear stability analysis reveals that the system is hysteretic not only at the level of macroscopic indicators, but also microscopically as verified by measuring the maximal Lyapunov exponent.Comment: 22 pages, 11 figures, contribution for the book: Control of Self-Organizing Nonlinear Systems, Springer Series in Energetics, eds E. Schoell, S.H.L. Klapp, P. Hoeve

Preparing to work: dramaturgy, cynicism and normative ‘remote’ control in the socialization of graduate recruits in management consulting

online) This paper examines the socialization of graduate recruits into a knowledge intensive labour process and organizational culture. Theoretically the paper draws upon the idea of ‘preparing for work’ to position this early socialization as a crucial moment in the production of subjectivities suited (and booted) for the labour process of management consulting. Empirically the paper reports on a two-day induction session for new graduate recruits joining a global management consultancy and their responses to this training. Particular attention is given to the use of role-play and a dramaturgical workshop used in part of the training process. The paper argues that the utilization of dramaturgy in training is consistent with the overall approach to control developed in the firm in response to the fact that the labour process of consulting is often conducted on client sites, away from any direct supervisory gaze. As such, the consultants were subjected to a form of cultural control that was designed to function independently of direct supervision. This control did not operate directly upon the new employees professed values, however, but at one step removed so that a ‘cynical distance’ from the content of the organization’s culture was accepted so long as a professional ‘ethic of behaviour’ was established. By focusing on an ‘ethic of behaviour’ these young professionals were encouraged to internalize a self-control akin to that of an actor, rather than internalizing the corporate values entirely