Mondaq USA: Criminal Law
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Our colleague Rebecca Zeidel just published a terrific blog posting on the U.S. Supreme Court's recent decision in Kokesh v. SEC, in which the Court imposed a five-year statute of limitations on ...
Orrick
Melinda Haag, leader of Orrick's Global Litigation Business Unit and former U.S. Attorney for the Northern District of California, recently appeared on KQED News to discuss former FBI Director...
Troutman Sanders LLP
On June 5, 2017, the U.S. Supreme Court ("Supreme Court") held that 28 U.S.C. § 2462's ("Section 2462") five-year limitations period for the enforcement of penalties applies to claims for disgorgement...
BakerHostetler
The Supreme Court held unanimously last week in Kokesh v. Securities and Exchange Commission, No. 16—529 (2017), that the SEC's often used disgorgement remedy was a penalty subject to,,,
Jones Day
The U.S. Court of Appeals for the Eleventh Circuit held that the False Claims Act's intent requirement can be met even if the underlying regulation that the defendant allegedly violated is ambiguous.
Foley & Lardner
As we have previously chronicled, the STOCK Act explicitly applies federal insider trading laws to congressional members and staffers.
Cadwalader, Wickersham & Taft LLP
The Bank Secrecy Act requires firms to submit SARs to FinCEN when suspicious transactional activity is identified.
Duane Morris LLP
On May 12, 2017, Attorney General Jeff Sessions issued a memorandum, dated May 10, 2017, ordering stricter charging and sentencing policies to the Department of Justice in conducting federal prosecutions.
WilmerHale
On June 5, 2017, the Supreme Court issued a unanimous opinion in Honeycutt v. United States (No. 16-142), holding that a criminal defendant can be held liable to forfeit only crime proceeds...
Dickinson Wright PLLC
Toward the end of HBO's legendary television series, The Sopranos, a classic racketeering scheme is presented.
Morvillo Abramowitz Grand Iason & Anello
The legal commentariat seems to have settled on the view that newly confirmed Supreme Court Justice Neil Gorsuch will fill the seat left by the late Justice Antonin Scalia...
Orrick
On May 24, 2017, the SEC for the first time brought charges based on allegations of insider trading on confidential government information.
Bowditch & Dewey
In April, the Department of Criminal Justice Information Services (DCJIS) released amendments to the regulations governing access to and the use of information maintained in the Commonwealth's...
Ropes & Gray LLP
Ryan Rohlfsen, Ropes & Gray government enforcement partner, analyzes the first year of the U.S. Department of Justice's FCPA Pilot Program.
Reed Smith
The Eastern District of Pennsylvania recently entered a fraudulent joinder order that is worth highlighting because it applies a fraudulent joinder standard that we think should apply more broadly.
Duane Morris LLP
In yet another setback for the SEC, the Supreme Court unanimously decided that disgorgement actions, a cornerstone of SEC enforcement, are subject to a five-year statute of limitations.
Duane Morris LLP
Defense attorneys in the Ninth Circuit are celebrating the appellate court's recent decision in United States v. Liew for its explication of the Brady doctrine and its implicit recognition that sometimes FBI agents are not as forthcoming as they should be.
Day Pitney LLP
U.S. Attorney General Jeff Sessions issued a Memorandum for All Federal Prosecutors to outline the charging and sentencing policy of the U.S. Department of Justice (DOJ).
Stroock & Stroock & Lavan LLP
unanimous Supreme Court ruled yesterday that the Securities and Exchange Commission's power to recover ill-gotten profits from misconduct, also known as "disgorgement," is subject to a five-year statute of limitations.
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 from the past month...
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Akin Gump Strauss Hauer & Feld LLP
On December 27, 2016, the U.S. Court of Appeals for the 10th Circuit ruled 2­1 that the SEC's process for hiring administrative­-law judges violates the Appointments Clause of the U.S. Constitution.
McDermott Will & Emery
On April 11, 2017, the US District Court for the District of Oregon sided with the Oregon Health and Sciences University (OHSU), finding that as an arm of the state...
Akin Gump Strauss Hauer & Feld LLP
Read the latest edition of Red Notice, a monthly update on global investigations and prosecutions that cross multiple jurisdictions. Red Notice focuses on developments related to anticorruption...
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 from the past month...
Ropes & Gray LLP
The DOJ enacted the Pilot Program in early 2016. It was part of a long running effort by the DOJ to provide more transparency and consistency into how it addresses, investigates and resolves cases.
Arnold & Porter Kaye Scholer LLP
Against this landscape, we summarize below some recent significant decisions regarding FCA actions premised on risk minimization or benefit overstatement.
Dickinson Wright PLLC
Overpayments to healthcare providers receiving Medicare reimbursements are at risk of civil and criminal enforcement action if not attuned to a particular reimbursement rule and diligent...
Pryor Cashman LLP
On June 5, 2017, the U.S. Supreme Court issued a unanimous opinion holding that disgorgement imposed by the SEC is a "penalty" subject to a five-year statute of limitations.
Day Pitney LLP
Massachusetts-based electronic health records (EHR) vendor eClinicalWorks (ECW) and several of its employees will pay nearly $155 million to settle allegations that it violated federal law...
Wilson Elser Moskowitz Edelman & Dicker LLP
The California Legislature has yet to establish limits concerning cannabis consumption, following voters' approval in November 2016 of Proposition 64, which allows recreational marijuana use.
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