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  • Article

    DOJ Fraud Division Issues Corporate Enforcement Directive

    The U.S. Department of Justice's National Fraud Enforcement Division has issued a new directive establishing an aggressive corporate enforcement framework with specific charging factors and priorities. Companies in healthcare, government contracting, and international trade face heightened scrutiny as prosecutors must now give "great weight" to ten enumerated factors when making charging decisions.
    United StatesCriminal Law
    Crowell & Moring LLP
    Crowell & Moring LLP
  • Article

    First-Ever Conviction Of A Corporation Under The U.S. Foreign Corrupt Practices Act Supports U.S. Government's Expansive Interpretation Of The Term "Foreign Official"

    The government of the United States in recent years has increased its enforcement of the Foreign Corrupt Practices Act (FCPA), which prohibits bribery of non-U.S. public officials for commercial advantage.
    United States
Criminal Law
Hogan Lovells US LLP
Hogan Lovells US LLP
  • Article

    Manhattan District Attorney Announces First Corporate Crime And Antitrust Task Force

    The Manhattan District Attorney's Office has launched its first Corporate Crime and Antitrust Task Force, targeting fraud and misconduct by corporations and executives in areas including antitrust violations, healthcare fraud, and consumer fraud. Led by a 40-year veteran prosecutor, the Task Force aims for "systemic accountability" by investigating high-level actors and corporate structures that enable crime, marking a significant expansion of state-level enforcement into traditionally federal territory.
    United StatesCriminal Law
    Sher Tremonte
    Sher Tremonte
  • Article

    Manufacturer Pays $4.3M To Settle Customs-Related FCA Suit

    On April 21, 2014, it was announced that Otter Products LLC (operating as "OtterBox") has paid $4.3 million to settle a whistle-blower suit alleging that its import practice violated the False Claims Act ("FCA") and the Tariff Act of 1930.
    United StatesCriminal Law
    Mayer Brown
    Mayer Brown
  • Article

    Responding To A Warrant—What To Do If Your Company Is Subject To A Fraud Investigation

    This is the scenario: you are an executive or manager at a government contractor.
    United StatesCriminal Law
    Blank Rome
    Blank Rome
  • Article

    SEC Policy Change: Voluntary Disclosure Now Required For DPA/NPA Resolutions In FCPA Cases

    New SEC policy requires companies to self-report FCPA violations in order to be eligible for deferred prosecution agreements and non-prosecution agreements.
    United StatesCriminal Law
    Morgan Lewis
    Morgan Lewis
  • Article

    Second Circuit Holds That FCPA Does Not Apply To Foreigners Without U.S. Ties

    On August 24, 2018, the United States Court of Appeals for the Second Circuit ruled that a non-resident foreign national cannot be charged with conspiracy to violate the Foreign Corrupt Practices Act ...
    United StatesCriminal Law
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    The Trading Algorithm Is No "Good" (White Collar Roundup - May 2012)

    Proprietary computer code is not a "good" subject to protection under the National Stolen Property Act and is not "related" to interstate or foreign commerce under the Economic Espionage Act, according to this opinion from the U.S. Court of Appeals for the Second Circuit.
    United StatesCriminal Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

    U.S. Attorney Manual Revised To Reflect Yates Memorandum's Focus On Individuals

    Pursuant to the Yates Memorandum's directive that the U.S. Attorneys' Manual (USAM) be revised to reflect this increased focus on individuals, on November 16, 2015, such revisions were released.
    United StatesCriminal Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    US Department Of Justice Announces New Policy Targeting Corporate Individuals

    On September 9, 2015, the US Department of Justice (DOJ) issued a memorandum detailing new policies that prioritize the prosecution of corporate individuals and encourage corporations to turn over evidence against their executives.
    United StatesCriminal Law
    Mayer Brown
    Mayer Brown
  • Article

    U.S. Sentencing Commission Approves Amending Sentencing Guidelines to Reduce Penalties for Economic Crimes

    As previously reported on this blog here and here, the United States Sentencing Commission has proposed amendments to the widely criticized federal sentencing guidelines for economic crimes.
    United StatesCriminal Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    U.S. Supreme Court: Silence Admissible

    When faced with questions from a government investigator, a person’s silence can now be used in a criminal trial against the person who was questioned and declined to provide an answer.
    United StatesCriminal Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    U.S. Supreme Court Toughens Pleading Standards In Securities Fraud Cases

    In a highly anticipated decision, the U.S. Supreme Court has made it more difficult for plaintiffs to sustain securities fraud actions at the outset of litigation.
    United StatesCriminal Law
    Torys LLP
    Torys LLP
  • Article

    White Collar Roundup - February 2014

    Attorney General Eric Holder announced that the U.S. Department of Justice (DOJ) collected more than $8 billion as the result of civil and criminal actions in the fiscal year that ended on September 30, 2013.
    United StatesCriminal Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

    White Collar Roundup - May 2015

    After months of political wrangling, the Senate finally confirmed Loretta Lynch to be the 83rd attorney general.
    United StatesCriminal Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

    White Collar Roundup - September 2018

    Defendant Khalid Elbeblawy's change of heart at the time of his guilty plea cost him dearly, as noted by the Eleventh Circuit in United States v. Elbeblawy.
    United StatesCriminal Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Civil False Claims Act: House Passes Revisions To False Claims Act Liability In S. 386 With Four Additional Amendments That Must Win Senate Approval

    This afternoon, the House of Representatives passed amendments to the civil False Claims Act ("FCA") in approving S. 386, the Fraud Enforcement and Recovery Act of 2009 ("FERA").
    United StatesGovernment, Public Sector
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Debarment And Exclusion: The Unintended Consequences Of The “Defund ACORN Act”

    Recently, in its effort to defund the Association of Community Organizations for Reform Now (“ACORN”), the House of Representatives moved toward creating a nightmare for government contractors, health care providers, pharmaceutical companies, and other grantees and recipients under government programs, as well as for the smooth functioning of both the federal and state governments.
    United StatesGovernment, Public Sector
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    First-Ever Prosecution Of A Corporation Under The Anti-Terrorism Act Is "A Vivid Reminder Of How Corporate Crime Can Intersect With National Security"

    A few weeks ago, the US Department of Justice (DOJ) announced its first-ever prosecution of a corporation for material support to terrorism under 18 USC § 2339B of the Anti-Terrorism Act (ATA).
    United StatesGovernment, Public Sector
    Arnold & Porter
    Arnold & Porter
  • Article

    In Warning To Bitcoin And Other Virtual Currency Businesses, FinCEN Issues First Enforcement Action For Virtual Currency Activity

    The US government took its strongest step yet in its oversight of other virtual currency yesterday, fining prominent "Bitcoin alternative" company Ripple Labs Inc. $700,000 for what the government called a willful violation of the anti-money laundering laws.
    United StatesGovernment, Public Sector
    WilmerHale
    WilmerHale
  • Showing 481–500 of 1022 results

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