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On December 14, 2023, Congress passed the Foreign Extortion Prevention Act ("FEPA") as a component of the annual National Defense Authorization Act...

Misstatements in bankruptcy filings need not be material to run afoul of 18 U.S.C. 1519, according to this opinion from the U.S. Court of Appeals for the Fourth Circuit.

We recently hosted a webinar, "Key Issues to Consider Regarding SAR Filings, Due Diligence and Failure to File," in which we addressed what financial institutions need to know about filing a Suspicious Activity Report (SAR) with Treasury's Financial Crimes Enforcement Network (FinCEN).

On April 20, 2011, in a prosecution brought against Lindsey Manufacturing Company ("Lindsey") and several of its officers and employees, a U.S. Federal District Court Judge ruled that the term "instrumentalities" applies to foreign state-owned enterprises under the Foreign Corrupt Practices Act ("FCPA").

To address cyber threats on multiple fronts, the DOJ is creating a new Cybersecurity Unit with the goal of having both a robust enforcement strategy as well as a broad prevention strategy.

Last Friday a jury in the Southern District of Florida found former Florida congressman David Rivera guilty of failing to register after a foreign agent in connection with a $50 million deal with a Venezuelan...

On February 22, 2023, the US Department of Justice (DOJ) announced a new voluntary self-disclosure policy for corporate criminal enforcement.

On September 15th and 16th, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth Polite delivered remarks on corporate misconduct and compliance programs.

On March 6, a U.S. district court judge, sitting by designation in the District of Columbia, granted a relator's motion to compel and ordered defendants to produce documents constituting the results of the defendants' internal investigations,

The internal controls fostered by the SEC to safeguard against corrupt payments advocate that Foreign Subsidiaries implement policies, procedures, and training translated in the local foreign language.

In December 2014, the U.K. Serious Fraud Office ("SFO") secured its first criminal convictions against a number of individuals for offenses under the Bribery Act 2010 (the "Act") and, in a separate case, a corporation for offenses under the Prevention of Corruption Act 1906 (a predecessor to the Act).

On June 7, 2016, the U.S. DOJ issued the first public declinations of a criminal enforcement action since implementing its new enforcement plan for the Criminal Division – Fraud Section's Foreign Corrupt Practices Act Unit.

A recent ruling from a federal district judge in Texas has called into question the finality of deferred prosecution agreements.

The "private search doctrine" is a semi-obscure corner of Fourth Amendment jurisprudence. At its base, the doctrine addresses instances in which a private actor (i.e., not a law enforcement officer) conducts a "search" and discovers some species of contraband or proof of illegal conduct.

The Department of Justice's National Fraud Enforcement Division has unveiled a restructured framework targeting five critical areas of fraud enforcement, backed by a planned expansion to 500 attorneys and staff. With new specialized prosecution teams and data-driven investigative tools, the Division aims to pursue complex fraud schemes more aggressively across government procurement, healthcare, tax compliance, international trade, and corporate misconduct.

Given the aggressive anti-corruption investigations in the U.S. and abroad, companies are well advised to adequately develop and implement a robust compliance program...

Federal enforcement of customs violations has evolved from administrative penalties into a high-stakes arena of civil fraud and criminal liability, with recent settlements reaching unprecedented levels and executives facing personal exposure. The Department of Justice's restructured enforcement apparatus, combined with an aggressive whistleblower program, has transformed tariff compliance into a critical risk management priority for importers and their leadership teams.

The memo underscores the DOJ's "number one priority" of prosecuting and punishing individual wrongdoers.