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The Department of Justice has announced new corporate fraud enforcement priorities targeting four key areas while establishing a framework of ten factors prosecutors must weigh when making charging decisions. The memo promises aggressive prosecution of corporate fraud while simultaneously pledging to guard against overbroad enforcement that could interfere with legitimate business operations. Companies in priority sectors face increased scrutiny through new data-analytics tools and enhanced whistleblower in

Late last month, Deputy Attorney General Lisa O. Monaco delivered a keynote speech at the ABA's National Institute on White Collar Crime event in Washington, DC

On March 3, 2022, at the American Bar Association's National Institute on White Collar Crime, Attorney General Merrick Garland emphasized in a keynote address the Biden Administration's stated priority...

On December 13, 2011, U.S. authorities brought criminal and civil charges against a group of former executives of German engineering company Siemens AG and its Argentine subsidiary for violations of the Foreign Corrupt Practices Act (FCPA).

On April 12, 2011, the Department of Health and Human Services (HHS) notified Forest Laboratories, Inc.'s CEO Howard Solomon that it intended to exclude him from participating in federal health care programs.

The Yates Memo is the latest in a line of pronouncements by the DOJ concerning the framework federal prosecutors must use in determining whether and how to charge corporations and their employees in criminal cases.

Recent legislation proposed by both houses of Congress would result in changes to the federal securities laws that would allow employee whistleblowers to receive a reward of up to 30% of the fines collected by the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) from corporations violating the Foreign Corrupt Practices Act (FCPA).

In the wake of the U.S. Department of Justice's (DOJ) recent memorandum regarding increased focus on individual culpability for corporate wrongdoing (on which we previously posted here) comes a district court decision with significant implications for individuals who attempt to assert an advice-of-counsel defense based on consultation with company counsel.

In United States v. Newman, No. 13-1837 (2d Cir. Dec. 10, 2014), the United States Court of Appeals for the Second Circuit reversed the 2013 convictions of Anthony Chiasson and Todd Newman on charges of conspiracy to commit insider trading and insider trading under 18 U.S.C. § 371, Sections 10(b) and 32 of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78ff, SEC Rules 10b-5 and 10b5-2, 17 C.F.R. § 240.10b-5, 10b5-2, and 18 U.S.C. § 2.

According to the filing, Newmont entered into a one-year agreement with the SEC tolling the statute of limitations and recently also signed a similar agreement with the DOJ.

As we have previously reported, beginning two years ago, Microsoft successfully challenged prosecutors' authority to obtain orders from U.S. courts requiring internet service providers to disclose data stored abroad.

The US Securities and Exchange Commission has proposed new rules to implement the whistleblower provisions of the recently passed Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

In Lynn v. Tatitlek Support Services, Inc., the plaintiffs appealed a summary judgment at the California Court of Appeal granted to Tatitlek Support Services, Inc. in a wrongful death action ...

In an era of heightened scrutiny and accountability, corporations must stay vigilant and prepared to effectively address any potential whistleblower claims.

A section within the ENRD, the Environmental Crimes Section houses a unit of 43 specialized attorneys tasked with prosecuting individuals and corporations that have violated environmental criminal statutes.

The Department of Justice (DOJ) recently announced significant changes to its corporate enforcement policies. These policy changes coincide with the DOJ's public statements regarding increased...

On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act. One section tucked into this major financial law will have important implications for companies that do business overseas — the Act contains a broad whistleblower provision that creates a right for whistleblowers to recover monies when they report securities violations to the SEC, including violations of the anti-bribery and books and records provisions of the Foreign Corrupt Practice