Mondaq USA: Criminal Law
Troutman Sanders LLP
On January 18, Lukeroy Rose, owner of Phoenix-based Rose Marketing LLC, pled guilty pursuant to a plea agreement to charges of theft, unlawful telephone solicitations, and conspiracy to commit theft.
BakerHostetler
The United States Supreme Court recently declined review of the First Circuit Court of Appeals' ruling that the University of Massachusetts Medical School was an "arm of the state,"...
WilmerHale
On 17 January 2017, Sir Brian Leveson, the President of the Queen's Bench Division, declared that the proposed Deferred Prosecution Agreement ("DPA") between the SFO and Rolls-Royce plc and Rolls-Royce Energy Systems Inc (together, "Rolls-Royce") was in the interests of justice and that its terms were fair, reasonable, and proportionate.
Sheppard Mullin Richter & Hampton
In 2006, Hewlett-Packard ("HP") became embroiled in a scandal arising from whistleblower claims that, to identify the source of leaks internal company information to the press...
Shearman & Sterling LLP
On 26 October 2016, in Schueneman v. Arena Pharmaceuticals, Inc., the federal appeals court based in California reversed the lower court's dismissal of claims brought under the Exchange Act...
Shearman & Sterling LLP
On 6 December 2016, in Salman v. United States, the US Supreme Court ("Court") affirmed the insider trading conviction of a defendant who traded on inside information after receiving it....
Ropes & Gray LLP
Alex Rene, co-chair of Ropes & Gray's anti-corruption and international risk practice, discusses likely FCPA enforcement activity under the Trump administration.
Dickinson Wright PLLC
The Internal Revenue Service and other agencies recently issued an urgent reminder Alert warning of a sophisticated scam to obtain confidential information and in some cases, fraudulent cash wire...
McDermott Will & Emery
On January 19, 2017, another district court ruled that a mere difference of opinion between physicians is not enough to establish falsity under the False Claims Act.
Ropes & Gray LLP
On December 13, 2016, in United States ex rel Simoneaux v. E.I. DuPont de Nemours & Co., the Fifth Circuit rejected an expansive construction of "reverse" false claims and . . .
Ropes & Gray LLP
In August 2009, Pfizer settled a number of cases alleging FCA violations concerning several drugs, including an antipsychotic drug called Geodon.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Last month, the U.S. District Court for the District of Utah joined the AseraCare court and others in finding that a relator cannot successfully allege violations of the FCA...
McDermott Will & Emery
On January 26, 2017, the US District Court for the Western District of Virginia rejected a defendant's attempt to invoke collateral estoppel principles to dismiss an indictment for fraud.
Rumberger, Kirk & Caldwell, P.A.
The United States Supreme Court recently held that an officer's use of deadly force by shooting an armed individual before issuing a verbal warning did not violate a clearly established Fourth Amendment right...
BakerHostetler
2016 was a record-setting year for Foreign Corrupt Practices Act ("FCPA") enforcement, as both the U.S. Department of Justice ("DOJ")...
Cadwalader, Wickersham & Taft LLP
On 17 January 2017, the UK Serious Fraud Office ("SFO"),[1] the US Department of Justice ("DOJ"),[2] and the Brazilian Ministério Público Federal ("MPF") announced an $800 million global settlement with Rolls-Royce plc and Rolls-Royce Energy Systems Inc..
Arnold & Porter Kaye Scholer LLP
On January 19, 2017, the Government of Mexico extradited drug lord Joaquín "El Chapo" Guzmán Loera to the United States following his dramatic escape from custody, a lengthy manhunt, and his subsequent recapture in Mexico.
Kramer Levin Naftalis & Frankel LLP
What a difference six months makes. Earlier this year, it was widely reported that Congress was closer than ever to passing significant federal criminal sentencing reform on a wide bipartisan basis.
Dentons
Anti-corruption enforcement in the United States has changed dramatically in the past year and its future remains unclear.
Arnold & Porter Kaye Scholer LLP
2016 also was notable for the level of international cooperation on anti-corruption matters.
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Cadwalader, Wickersham & Taft LLP
In a case of "cyber meets securities fraud," the United States Attorney's Office for the Southern District of New York ("SDNY") recently indicted three foreign nationals on charges of insider trading...
Morrison & Foerster LLP
Just over a year after the approval of the first ever Deferred Prosecution Agreement (DPA), Southwark Crown Court on 17 January 2017 approved a DPA proposed by the Serious Fraud Office (SFO) with UK leading engineering group, Rolls-Royce.
Ropes & Gray LLP
In October, the Third Circuit held in United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., that the 2009 amendments to the FCA allowed a relator to pursue a reverse...
The Law Offices of Daniel J. Hurson, LLC
Of late we have been saturated with reports of discovery of fraud and corruption of one kind of another in all parts of the world, fueled by greed, easy money, lax enforcement, and modern technology run amok—
Fox Rothschild LLP
In December, the Justice Department announced criminal charges against John Yin, a software salesman who worked for a Canadian company that sells point of sale (POS) software programs...
WilmerHale
In 2016, the CFTC continued to pursue high-profile enforcement cases and to test its new enforcement authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).
Jones Day
In 2016, a year after the sharp decrease in both the number and size of corporate FCPA resolutions, the DOJ's and SEC's enforcement activity rebounded, as reflected by a record number of corporate FCPA resolutions...
Holland & Knight
Whether fair or not, Latin America historically has been regarded as a region where corruption is deep and pervasive.
Ropes & Gray LLP
In United States ex rel. Bunk v. Gov't Logistics N.V., 2016 U.S. App. LEXIS 20481, 842 F.3d 261 (4th Cir. 2016), the Fourth Circuit addressed a successor corporation's liability for a predecessor...
Cadwalader, Wickersham & Taft LLP
Global medical device manufacturer Zimmer Biomet Holdings, Inc. ("Zimmer Biomet") agreed to enter into a three-year deferred prosecution agreement ("DPA") and pay a $17.4 million fine...
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