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The DOJ's Fraud Division has issued new guidance centralizing corporate fraud enforcement under its Corporate Enforcement Section and establishing ten key factors prosecutors must weigh when making charging decisions.

The First Circuit recently affirmed the dismissal of United States ex rel. Wilson v. Bristol-Myers Squibb, Inc. under the False Claims Act’s ("FCA") "first-to-file" provision, which prohibits any person "other than the Government" from pursuing a "related action based on the facts underlying the pending action."

The Organisation for Economic Co-operation and Development (OECD) has released its Foreign Bribery Report, which provides a comprehensive analysis of anti-bribery enforcement actions around the world dating from 1999.

The U.S. attorney for the Southern District of New York recently announced the creation of a Whistleblower Pilot Program (the SDNY program) designed...

The National Security Division of the Justice Department may be getting on the cyberspace attribution/retribution bandwagon — and in the process, reshaping US strategy for deterring cyberespionage.

Business Crimes Q&A

Get ready for a return to a tougher line on corporate crime from the Department of Justice. Our White Collar

One of the more concerning trends for the defense bar in False Claims Act cases is an uptick in parallel criminal and civil proceedings.

It is a reality of corporate America that most companies at one point or other will become aware of misconduct at some level within their ranks. When an organization learns of such misconduct...

In United States v. Gupta the U.S. Court of Appeals for the Second Circuit affirmed the conviction of Rajat Gupta for his participation in the Raj Rajaratnam insider-trading scheme.

He then announced the revised FCPA Corporate Enforcement Policy and promised that it would be incorporated into the U.S. Attorneys' Manual.

Does your company respond to all internal concerns immediately, investigate them thoroughly and remediate them with unmatchable speed?

The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of securities fraud claims by the two hedge funds, Stark Trading and Shepherd Investments International Ltd.

On February 12, 2007, Johnson & Johnson acknowledged that it had disclosed to the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) “that subsidiaries outside the United States are believed to have made improper payments in connection with the sale of medical devices in two small-market countries.”

I am the chief of staff for a Member of the House with a question about the new law against insider trading by Members and staffers.

Led primarily by the U.S. DOJ and SEC, global anti-corruption efforts have escalated markedly over the past decade.

The U.S. Department of Justice ("DOJ") is making it harder on companies that commit corporate crimes. A lot harder.

The Delaware Chancery Court issued a strong reaffirmation of the business judgment rule in In re Citigroup Inc. Shareholder Derivative Litigation, No. 3338-CC. In Citigroup, the court rejected a novel theory that a director's duty to oversee a corporation requires the director to not only monitor for criminal and fraudulent conduct by employees, but also to monitor business decisions.