Mondaq USA: Criminal Law
Duane Morris LLP
Recently, this blog has touched on how warfare between nations in the digital era includes cyberattacks.
Duane Morris LLP
Unsuspecting companies are in fact opening themselves up to substantial risk and penalties in multiple jurisdictions for activities in Vietnam.
WilmerHale
The year 2013 witnessed several notable developments in the enforcement of the Foreign Corrupt Practices Act (FCPA).
WilmerHale
In February 2014, the EU Commissioner for Home Affairs, Cecilia Malmström, released the EU Anti- Corruption Report
Shearman & Sterling LLP
On 3 April 2014, the new EU Directive on the freezing and confiscation of proceeds of crime was signed.
Mayer Brown
Zachary Fardon, the recently appointed US Attorney for the Northern District of Illinois, has announced the creation of a new Securities and Commodities Fraud Section in Chicago.
Ropes & Gray LLP
The U.S. Court of Appeals for the D.C. Circuit recently affirmed the dismissal of a False Claims Act ("FCA") complaint in United States ex rel. Shea v. Cellco Partnership, 2014 WL 1394687 (D.C. Cir. Apr. 11, 2014) for failure to meet the statute’s "first-to-file" rule ..
WilmerHale
Securities and Exchange Commission Chair Mary Jo White's commitment to enforce securities violations like a cop on the beat seems certain to lead to more litigation, requiring a vigorous defense from the outset for individuals and companies faced with an SEC investigation.
Shearman & Sterling LLP
The UK’s Serious Fraud Office announced that criminal proceedings had been brought against three former employees of ICAP for alleged manipulation of LIBOR.
Reed Smith
2013 was a year of unprecedented scrutiny of financial relationships between manufacturers and health care professionals, such as physicians.
WilmerHale
This article outlines the rules governing Civil Investigative Demands for oral testimony and how they differ from the rules governing depositions. It then discusses issues a company should consider when the government demands that its employees (or former employees) testify early in an investigation.
Fox Rothschild LLP
Twenty-five years ago, the Supreme Court in United States v. Zolin, 491 U.S. 554 (1989) endorsed the use by district judges of in camera and ex parte review of privileged documents in order to determine whether the privilege was vitiated by the crime-fraud exception.
McGuireWoods LLP
Imagine you are a federal prosecutor and the following fact pattern lands on your desk.
Day Pitney LLP
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.
Drinker Biddle & Reath LLP
The Japanese trading company Marubeni Corporation agreed to plead guilty to a criminal information charging a conspiracy to violate the FCPA.
McDermott Will & Emery
The Illinois Supreme Court recently declared unconstitutional a state law criminalizing the recording of conversations without the consent of all parties. However, significant risks remain for companies and individuals in Illinois who secretly record conversations.
Bradley Arant Boult Cummings LLP
The importance of a company’s response to a Department of Justice investigation into possible violations of the Foreign Corrupt Practices Act was highlighted last week when Marubeni Corporation pleaded guilty to FCPA violations and agreed to pay an $88 million fine.
McGuireWoods LLP
The latest misfortune to explode over the heads of the Serious Fraud Office is the collapse, just before Christmas, of its case against Victor Dahdaleh on charges of corruption in connection with aluminium contracts.
Morrison & Foerster LLP
Marubeni Corporation pleaded guilty to one count of conspiring to violate the anti-bribery provisions of the FCPA and seven counts of violating the FCPA.
Bradley Arant Boult Cummings LLP
The U.S. Fourth Circuit Court of Appeals’ recent decision in United States ex rel. Rostholder v. Omnicare, Inc., reconfirms the well-founded principle that a civil False Claims Act (FCA) claim that is based on the defendant’s violation of a regulation or statute must allege that the payment sought from the federal government was conditioned on compliance with the relevant statutes or regulations.
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Grant Thornton LLP
The IRS Integrity and Verification Operations group is delaying a number of taxpayer refunds to screen for identity theft and refund fraud.
Ropes & Gray LLP
The 2013 calendar year saw several significant developments in the enforcement of the Foreign Corrupt Practices Act.
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.
Cadwalader, Wickersham & Taft LLP
The DOJ and the Financial Crimes Enforcement Network issued anti-money laundering guidance relating to financial crimes involving marijuana businesses.
Holland & Knight
The United States has blocked the assets of a number of senior Russian officials considered to be part of President Putin's inner circle.
Morgan Lewis
A recent SEC action is a warning to audit committees to take action in response to recommendations relating to evidence of potential accounting fraud.
Hughes Hubbard & Reed LLP
To paraphrase Mark Twain, reports of the FCPA’s death were greatly exaggerated.
Morrison & Foerster LLP
Marubeni Corporation pleaded guilty to one count of conspiring to violate the anti-bribery provisions of the FCPA and seven counts of violating the FCPA.
Fried Frank Harris Shriver & Jacobson
The Department of Justice and the Securities and Exchange Commission jointly issued a 120-page "resource guide" to the Foreign Corrupt Practices Act in November 2012, which confirms the DOJ's and the SEC's narrow view of several key defenses under the FCPA.
Bradley Arant Boult Cummings LLP
The importance of a company’s response to a Department of Justice investigation into possible violations of the Foreign Corrupt Practices Act was highlighted last week when Marubeni Corporation pleaded guilty to FCPA violations and agreed to pay an $88 million fine.
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