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Originally Posted by European Lee
Thats the problem, this isnt a 'court settlement', it is a private deal made between the DOJ and the FSC.
If it were a court settlement the docs would be public record and well, they arent.
There is nothing whatsoever legally stopping the DOJ from backing out of this 'deal', all that would happen if they did is that the FSC might decide to take them to court for breach of contract and lets be honest, based on recent events, if that was the case then the FSC would probably only enter in to another private contract 
Regards,
Lee |
Wow its now occurring to me you will say anything that pops into your head and speak like you actually know wtf you are talking about.
You could not be more wrong here.
"Court settlements" are between plaintiff and defendant. They are not part of the Court record. What is part is where on the record the parties tell the Court we have settled. Actual terms of settlements are never filed as part of the Court record unless someone is really fucking up.
The DOJ CANNOT back out of their agreement. No Court would allow this. This is very very old case law too and its so settled I cant see where t f you get this from. Lemme throw out the thumbnail sketch why this is old settled law. Its against public policy to let the prosecutors welch on deals. To allow them to welch would create havoc as then no defendant could be sure of their deal and most cases would go to trial. Our Court system worldwide cannot go forward with 100% trials. that would result in you getting your trial maybe before you die of old age if you were lucky.