Mondaq USA: Criminal Law
Shearman & Sterling LLP
Shearman & Sterling’s bi-annual Trends & Patterns report provides insightful analysis of recent enforcement trends and patterns in the US, the UK, and elsewhere as well as helpful guidance on emerging best practices in FCPA and global anti-corruption compliance programs.
Jones Day
It is a company's worst nightmare. Out of the blue, government agents appear at the reception desk armed with a search warrant, demanding access to company emails, files, and other proprietary data.
Ostrow Reisin Berk & Abrams
Banking and financial services, government and public administration, and manufacturing were the top three sectors that reported fraud cases in the 2014 Report to the Nations on Occupational Fraud and Abuse by the Association of Certified Fraud Examiners (ACFE).
Sheppard Mullin Richter & Hampton
The Department of Justice’s Kleptocracy Initiative is kicking off 2015 strong. On January 13, 2015, the DOJ filed a civil complaint seeking the forfeiture of nine properties in New Orleans, worth close to $1.53 million.
Bradley Arant Boult Cummings LLP
French power and transportation company Alstom S.A. ("Alstom") pleaded guilty to violating the Foreign Corrupt Practices Act ("FCPA") and agreed to pay $772.29 million...
Proskauer Rose LLP
The U.S. Government filed a petition seeking panel and en banc rehearing of the Second Circuit’s December 2014 decision in United States v. Newman and Chiasson, ___ F.3d ___, 2014 WL 6911278 (2d Cir. Dec. 10, 2014).
Morrison & Foerster LLP
The U.S. Department of Justice ("DOJ") wasted no time announcing its first Foreign Corrupt Practices Act ("FCPA") case of 2015.
Patterson Belknap Webb & Tyler LLP
On January 22, 2015, a district judge in the Southern District of New York vacated previously accepted guilty pleas in an insider trading prosecution brought under the "misappropriation" theory.
Fox Rothschild LLP
A judge recently denied discharge to Daniel Gordon, who previously pleaded guilty to conspiracy, wire fraud and money laundering in defrauding Merrill Lynch.
Proskauer Rose LLP
In recent years, a growing chorus of federal judges and defense attorneys have protested that the Federal Sentencing Guidelines for economic crimes regularly recommend inconsistent and unjust sentences.
Bradley Arant Boult Cummings LLP
In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers.
Ropes & Gray LLP
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).
Proskauer Rose LLP
The Department of Justice announced the first Foreign Corrupt Practices Act enforcement action of 2015, against Dmitrij Harder, the former owner and president of the Chestnut Consulting Group.
Day Pitney LLP
In National Association of Criminal Defense Lawyers (NACDL) v. Executive Office for United States Attorneys, the U.S. District Court for the District of Columbia refused to require the Department of Justice (DOJ) to provide the NACDL a copy of its discovery manual, called the "Blue Book."
Foley & Lardner
The December 23, 2014, announcement by the U.S. DOJ that Alstom, S.A. pled guilty to two FCPA charges and agreed to pay $772 million in fines generated headlines for the record-breaking size of the fine.
Proskauer Rose LLP
The U.S. District Court for the Southern District of New York issued an interesting comity decision on whether U.S. courts should defer to foreign countries’ secrecy and blocking statutes when considering motions for discovery of documents located abroad.
Proskauer Rose LLP
Over the last five years, the U.S. Attorney for the Southern District of New York, Preet Bharara, has aggressively pursued insider-trading cases against a broad spectrum of defendants
WilmerHale
WilmerHale Partner David Ogden appeared on PBS NewsHour with Host Rick Karr to discuss the need to reform the False Claims Act.
Morrison & Foerster LLP
The Serious Fraud Office (SFO) secured its first convictions under the Bribery Act 2010 (the "Bribery Act") on 5 December 2014 at Southwark Crown Court following an investigation into the sale and promotion of investment products offered by Sustainable AgroEnergy plc (SAE), a subsidiary of Sustainable Growth Group (SGG).
Proskauer Rose LLP
Recently, Alstom S.A., a French multinational power and transportation company, pleaded guilty in the District of Connecticut to a two-count information charging it with violating the accounting provisions of the Foreign Corrupt Practices Act.
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McGuireWoods LLP
Och-Ziff Capital Management, a publicly traded hedge fund, hasdisclosed that it is the subject of an ongoing investigation by the U.S. Department of Justice and Securities and Exchange Commission.
WilmerHale
As compliance professionals take a seat at their desks for another year of policing internal conduct at their firms, they face a new risk themselves: individual liability that could result in millions of dollars in fines and the effective end of their careers.
Bradley Arant Boult Cummings LLP
In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers.
WilmerHale
On December 10, the US Court of Appeals for the Second Circuit issued an opinion in United States v. Newman that could be the most consequential insider trading decision in a generation, but for reasons that virtually no one anticipated.
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.
Shearman & Sterling LLP
Last year, we noted that 2012 had been "a fairly slow time" in terms of corporate enforcement actions, with twelve enforcement actions against corporations.
Proskauer Rose LLP
On January 13, 2015, the SEC’s Office of Compliance Inspections and Examinations ("OCIE") announced its 2015 examination priorities for investment advisers, broker-dealers and transfer agents.
Ropes & Gray LLP
The 2013 calendar year saw several significant developments in the enforcement of the Foreign Corrupt Practices Act.
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.
Duane Morris LLP
Leumi reported that it is the first Israeli bank to reach a settlement with U.S. authorities.
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