Mondaq USA: Criminal Law
Dentons (US)
Current trends show that more and more US lawyers and compliance personnel will find that their work increasingly concentrates on cross-border or foreign conduct.
Foley & Lardner
The U.S. Foreign Corrupt Practices Act of 1977 ("FCPA") presents significant liability, risks, and compliance challenges for U.S. firms pursuing business opportunities in India.
Proskauer Rose LLP
On April 23, 2014, the U.S. Court of Appeals for the Second Circuit reinstated the action brought by the European Community and its 26 member states against RJR Nabisco and related entities (collectively, "RJR") for allegedly laundering drug money through the exchange of discounted euros and cigarettes.
In the video Perry discusses how wiretaps are vulnerable to attack, especially in white collar cases. He explains some details of the wiretap statute and discusses how defense attorneys can best address wiretap evidence in a white collar case.
Holland & Knight
Department of Justice Criminal Division Assistant Attorney General Leslie Caldwell announced a new process signaling a heightened effort to bring criminal prosecutors into the loop regarding False Claims Act referrals and other whistleblower complaints.
WilmerHale Partner and former Deputy Attorney General David W. Ogden participated in the panel "Evidence Disclosure in Criminal Cases" during the National Association of Criminal Defense Lawyers’ (NACDL) official release of its latest report, Material Indifference: How Courts Are Impeding Fair Disclosure In Criminal Cases.
Sheppard Mullin Richter & Hampton
On October 10, 2014, the U.S. DOJ announced a civil settlement with Teodoro Nguema Obiang, under the DOJ’s Kleptocracy Asset Recovery Initiative.
Before the tenure of departing Attorney General Eric Holder, the use of wiretaps was generally relegated, as if by gentlemen's agreement, to narcotics and organized crime cases.
Five members of the "Comment Crew" — a group of Chinese hackers who operate under pseudonyms like UglyGorilla and KandyGoo — were indicted by a grand jury in May 2014 ..
Day Pitney LLP
In a speech at an ethics and compliance conference in Atlanta, GA, Leslie Caldwell, Assistant Attorney General for the Justice Department's Criminal Division, articulated 10 hallmarks of a good internal compliance program.
Venable LLP
A subpoena ad testificandum (a subpoena for testimony) is another powerful evidentiary tool utilized by a federal grand jury to elicit testimony.
Sheppard Mullin Richter & Hampton
They are sometimes in unmarked envelopes or conveyed through whispered phones calls. They are allegations of corruption, fraud and criminal conduct.
WilmerHale attorneys from the Investigations and Criminal Litigation and Securities Litigation and Enforcement Practices co-authored a chapter in the inaugural edition of Global Investigations Review’s "The Investigations Review of the Americas 2015." WilmerHale Partners Stephen A. Jonas, Daniel F. Schubert and Counsel David Zetlin-Jones collaborated on the chapter titled "United States: handling internal investigations."
Blank Rome LLP
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...
Ford & Harrison LLP
As multinational employers are aware, compliance with the anti-corruption laws of different jurisdictions can be complicated.
McGuireWoods LLP
The U.S. Supreme Court denied an August 14, 2014, petition for writ of certiorari by Joel Esquenazi and Carlos Rodriquez, former owners of Terra Communications.
The DOJ and SEC have successfully advocated the theory that state-owned or state-controlled entities should qualify as instrumentalities of a foreign government under the FCPA.
Fox Rothschild LLP
We recently blogged here and here about the DOJ’s blatant and increasingly harsh use of leverage against pleading defendants to force their waiver of important rights attendant to the sentencing and appeal process.
Ropes & Gray LLP
In United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., a federal court in the Eastern District of Pennsylvania recently dismissed claims alleging that the defendant mismarked foreign-made pipe fittings in violation of the False Claims Act ("FCA").
Andrews Kurth LLP
On October 7, 2014, Twitter, Inc. filed a lawsuit in the U.S. District Court for the Northern District of California seeking permission to publicly disclose details about legal requests from the U.S. government regarding its customers.
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Venable LLP
On October 26, 2013, the Washington Post reported that from 2008 to 2012, more than 1,000 nonprofit organizations disclosed hundreds of millions in losses attributed to theft, fraud, embezzlement, and other unauthorized uses of funds and organizational assets. According to a study cited by the Post, nonprofits and religious organizations suffer one-sixth of all major embezzlements, second only to the financial services industry.
Ropes & Gray LLP
The 2013 calendar year saw several significant developments in the enforcement of the Foreign Corrupt Practices Act.
Mayer Brown
Near the end of each trading day, NASDAQ runs a closing auction to fill all on-close orders at a price targeted to the price of the stock in the continuous market.
Fenwick & West LLP
A Chinese court found pharmaceutical giant GlaxoSmithKline PLC guilty of bribing doctors and hospitals in order to increase sales of the company’s products in China.
Ropes & Gray LLP
The SEC announced the settlement of charges under the FCPA against Smith & Wesson for violations involving payments to Pakistani, Turkish and Indonesian officials.
Jones Day
Although the business community had hoped the Court would overrule Basic v. Levinson, and the presumption of reliance it created, the Court did not go so far.
Holland & Knight
The DOJ recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001.
Arent Fox LLP
On June 27, 2014, the US Department of Justice intervened in a False Claims Act suit against Continuum Health Partners and the Mount Sinai Health System.
Shearman & Sterling LLP
Thus far, 2014 has seen a trio of significant corporate prosecutions and several new individual cases.
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