Mondaq USA: Criminal Law
Morrison & Foerster LLP
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary resources.
Shearman & Sterling LLP
Over the past 18-24 months, governmental authorities across Latin America have pursued corruption investigations with a vigor traditionally not seen in the region.
Proskauer Rose LLP
The scope of the attorney-client privilege and work product doctrine for internal investigation reports has once again been clarified by the D.C. Circuit in a False Claims Act case against defense contractor KBR, Inc.
McDermott Will & Emery
Last week, two different district courts dismissed False Claims Act (FCA) claims on scienter grounds — one on a motion to dismiss and one at summary judgment.
Morgan Lewis
Court rules that the US Department of Justice cannot expand the FCPA's reach simply by charging non-resident foreign nationals with conspiracy.
Morrison & Foerster LLP
On August 12, 2015, Vincente Garcia (former head of Latin American sales for SAP International, Inc.) pleaded guilty in federal court in San Francisco to violations of the Foreign Corrupt Practices Act.
Cadwalader, Wickersham & Taft LLP
The D.C. Circuit issued its first writ of mandamus in the KBR litigation on June 27, 2014.
Duane Morris LLP
N.J.S.A 2C: 52-2(a) permits the Superior Court to expunge convictions of certain classes of offenses under certain enumerated circumstances.
McDermott Will & Emery
The result in Booker prevents CIAs from creating a new set of FCA landmines for providers who are seeking to resolve FCA claims. But as Cephalon demonstrates, the issue is far from settled.
Day Pitney LLP
The Third Circuit in United States v. Fountain addressed the mental states required to violate the Hobbs Act's prohibition of extortion under color of official right.
Holland & Knight
The DOJ is creating a new compliance counsel position in the Criminal Division's Fraud Section to scrutinize the compliance programs of companies under investigation for possible Foreign Corrupt Practices Act (FCPA) violations.
WilmerHale
When renowned violin master and teacher Roman Totenberg passed away in 2012 at the age of 101, he died believing that his treasured Stradivarius violin was stolen following a 1980 performance in Cambridge, Massachusetts, and that it would never be recovered.
Duane Morris LLP
For 20 years, the District of Columbia has been the sole Circuit that fails to recognize the imposition of a constructive trust to benefit victims of fraud.
McGuireWoods LLP
The cost and risk associated with allegations under the FCA create a heightened importance on defining the scope of the claims that are at issue.
WilmerHale
In your paper's July 17 editorial "Crime and punishment," you examined President Barack Obama's recent decision to grant clemency to 46 drug offenders, including our client, Norman O'Neal Brown.
McDermott Will & Emery
We have previously written several articles regarding the circuit courts' application of the so-called "implied certification" theory of liability under the False Claims Act (FCA).
Morgan Lewis
A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Two recent decisions from the Fifth Circuit and Eighth Circuit could expand the fraudulent transfer exposure of unknowing third parties that provide goods, services, or funding to companies operating Ponzi schemes.
McDermott Will & Emery
In U.S. ex rel Gage v. Davis S.R. Aviation, LLC, the U.S. Court of Appeals for the Fifth Circuit confirmed the high degree of specificity needed to successfully plead a claim under the False Claims Act (FCA).
McGuireWoods LLP
The scope of legitimate federal concern with business activity, though limited, is both real and critical to our nation's well-being.
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Morrison & Foerster LLP
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary resources.
Fox Rothschild LLP
While there are no reports in the United States of forced RFID chip programs, there are laws in the United States that prohibit the mandatory implantation of such devices.
BakerHostetler
Applying the Supreme Court's landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) ("Halliburton II")...
Smith Gambrell & Russell LLP
Did a mortgage service provider have standing to commence a foreclosure proceeding, as assignee, of a mortgage secured by a note?
Morrison & Foerster LLP
On August 12, 2015, Vincente Garcia (former head of Latin American sales for SAP International, Inc.) pleaded guilty in federal court in San Francisco to violations of the Foreign Corrupt Practices Act.
Patterson Belknap Webb & Tyler LLP
This month marks the 10-year anniversary of United States v. Booker.
Holland & Knight
The DOJ is creating a new compliance counsel position in the Criminal Division's Fraud Section to scrutinize the compliance programs of companies under investigation for possible Foreign Corrupt Practices Act (FCPA) violations.
WilmerHale
When renowned violin master and teacher Roman Totenberg passed away in 2012 at the age of 101, he died believing that his treasured Stradivarius violin was stolen following a 1980 performance in Cambridge, Massachusetts, and that it would never be recovered.
McGuireWoods LLP
On October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases will shift from credit card issuers, such as banks or credit unions, to retail merchants.
Bradley Arant Boult Cummings LLP
If a provider misses the sixty-day-repayment window, it could face treble damages and statutory penalties under the FCA.
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