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  • Article

    Focus on Foreign Corrupt Practices Act Enforcement

    Although there has been a "changing of the guard in the Fraud Section of the Criminal Division of United States Department of Justice, the following survey of cases indicates that Foreign Corrupt Practices Act cases remain a high priority.
    United StatesInternational Law
    Reed Smith
    Reed Smith
  • Article

    DOJ’s Renewed Focus On Procurement Fraud: What It Means for You

    With recent increases in federal procurement activity – particularly in the areas of defense and homeland security – the U.S. Department of Justice is gearing up for a potential increase in procurement fraud investigations and prosecutions. This renewed emphasis on procurement fraud should be a reminder to all contractors to make certain that their compliance programs are up to date and effective by conducting a vigorous compliance audit.
    United StatesLitigation, Mediation & Arbitration
Morrison Foerster
Morrison Foerster
  • Article

    Sparks Fly In Ninth Circuit's Nosal II Opinion

    As many loyal TSW readers know, we've been watching the ongoing saga involving ex-Korn Ferry recruiter David Nosal wind its way through the courts since the early days of this blog.
    United StatesLitigation, Mediation & Arbitration
    Orrick
    Orrick
  • Article

    Florida Weighs Criminal Liability For Developers

    Florida Attorney General James Uthmeier has launched a criminal investigation into OpenAI, the maker of ChatGPT, to determine whether the company bears criminal responsibility...
    United StatesTechnology
    Jones Walker LLP
    Jones Walker LLP
  • Article

    A New Era For Fraud Prosecutions At DOJ

    The Trump administration's new National Fraud Enforcement Division takes operational shape as Acting Attorney General Todd Blanche issues a memorandum consolidating major DOJ fraud prosecution units...
    United StatesCriminal Law
    Arnold & Porter
    Arnold & Porter
  • Article

    DOJ Outlines New Policy Regarding White Collar Cases Against Individuals

    The Department of Justice has released a new policy intended to further the Department's effort to hold individuals accountable for corporate wrongdoing.
    United StatesCriminal Law
    WilmerHale
    WilmerHale
  • Article

    U.S. DOJ’s Corporate Fraud Enforcement Framework Takes Shape

    The Department of Justice's National Fraud Enforcement Division has issued new guidance outlining its corporate fraud enforcement strategy, balancing aggressive prosecution with incentives for voluntary disclosure and cooperation. The memorandum establishes enforcement priorities across healthcare, government programs, tax violations, and trade-related misconduct while introducing a centralized Corporate Enforcement Section to promote consistency in corporate resolutions.
    United StatesCriminal Law
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Australia-U.S. Cooperation In Criminal Cases

    U.S. criminal law has a long reach outside the borders of the United States. Australian companies and individuals whose activities touch on the United States-even without having offices...
    GlobalLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    "Clawback Comeback": DOJ's New Focus On Clawbacks To Prevent Corporate Crime

    In September 2022, Deputy Attorney General Lisa Monaco delivered remarks unveiling the Department of Justice's revised corporate crime guidance to "prioritize and prosecute corporate crime."
    United StatesCorporate/Commercial Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOJ's Criminal Division Announces Revisions To DOJ's Corporate Enforcement Policy, Including New Paths To Potential Declinations

    On January 17, 2023, Assistant Attorney General Kenneth Polite ("AAG") announced revisions to the U.S. Department of Justice's (DOJ) Criminal Division's Corporate Enforcement Policy ("CEP").
    United StatesCorporate/Commercial Law
    Mayer Brown
    Mayer Brown
  • Article

    DOJ Announces New Safe Harbor Policy For Self-Disclosures In Connection With M&A Transactions And Additional Resources For Corporate Enforcement

    DOJ's new M&A safe harbor policy places even more emphasis on effective due diligence and the voluntary self-disclosure of corporate wrongdoing to obtain the presumption of a declination of criminal prosecution.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    DOJ Announces Safe Harbor Policy For Disclosures Of Misconduct Discovered In Acquisition Due Diligence

    On October 4, Deputy Attorney General (DAG) Lisa O. Monaco delivered a speech at the Society of Corporate Compliance and Ethics 22nd Annual Compliance & Ethics Institute announcing...
    United StatesCorporate/Commercial Law
    Miller & Chevalier Chartered
    Miller & Chevalier Chartered
  • Article

    DOJ Updates Policies On Corporate Ethics And Compliance

    Last week, Deputy Attorney General Lisa O. Monaco delivered remarks on corporate criminal enforcement, announcing revisions to DOJ's policies for addressing corporate ethics and compliance matters.
    United StatesCorporate/Commercial Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Justices Scalia And Thomas Amenable To Reexamining Deference To SEC Statutory Interpretations

    Like Prince Charming searching for the foot that fit the glass slipper, Justice Scalia recently issued a statement advising that he and Justice Thomas would be receptive to granting certiorari to a petition properly presenting the issue of whether, in a criminal context, a court should grant deference to an administrative agency’s statutory interpretation.
    United StatesCorporate/Commercial Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Legal Standards Proposed For Cybersecurity-Is Your Company In Compliance?

    With a gridlocked Congress, President Obama issued Executive Order 13636, "Improving Critical Infrastructure Cybersecurity," on February 12, 2013
    United StatesCorporate/Commercial Law
    Moritt, Hock & Hamroff LLP
    Moritt, Hock & Hamroff LLP
  • Article

    SEC Whistleblower Office "Open For Business And Ready To Pay"

    One year after the Securities and Exchange Commission’s ("SEC") new whistleblower rules took effect, the SEC announced that it has awarded its first financial reward to a whistleblower.
    United StatesCorporate/Commercial Law
    Morrison Foerster
    Morrison Foerster
  • Article

    Financial Fraud Alert - August 2012

    This complaint stems from a massive Ponzi scheme allegedly perpetrated, in part, by Emanuel L. Sarris and his investment advisory firm, Sarris Financial Group, Inc. According to the complaint, Sarris convinced more than 70 investors to invest over $30 million in the "Kenzie Funds," which purportedly invested in foreign currency.
    United StatesCriminal Law
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Alstom's FCPA Guilty Plea And Fine Of $772 Million Offer Compelling Lessons

    The December 23, 2014, announcement by the U.S. DOJ that Alstom, S.A. pled guilty to two FCPA charges and agreed to pay $772 million in fines generated headlines for the record-breaking size of the fine.
    United StatesCriminal Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Anti-Corruption Due Diligence: A Key Component Of Mergers And Acquisitions

    The increasing focus on enforcement of the US Foreign Corrupt Practices Act (FCPA), Canadian Corruption of Foreign Public Officials Act and UK Bribery Act, as well as similar anti-corruption laws around the globe, has made conducting pre-acquisition anti-corruption due diligence an essential element of any cross-border merger or acquisition, especially if the target does business in a jurisdiction where local officials may expect to be compensated for simply doing their job.
    United StatesCriminal Law
    Dentons
    Dentons
  • Article

    DOJ And SEC Affirm Continued Commitment To Rigorous FCPA Enforcement

    At the 26th annual National Conference on the Foreign Corrupt Practices Act (FCPA), held November 8 and 9, 2011, officials from the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) stressed that both agencies are committed to FCPA enforcement and will continue their aggressive pursuit of companies that violate the FCPA.
    United StatesCriminal Law
    Morgan Lewis
    Morgan Lewis
  • Showing 421–440 of 1022 results

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