• Business Crimes Bulletin

    Supreme Court’s October Term 2018 Contains Hints of Things to Come

    Harry Sandick and Tara Norris

    Part One of a Two-Part Article

    In its recently ended October Term 2018, the U.S. Supreme Court decided several notable criminal law decisions that will have a meaningful impact on white-collar practitioners’ work and, importantly, offer clues regarding the movement of the criminal law in subsequent terms. In this two-part article, we review several of the key decisions and consider their implications, both for practitioners in this area and for Court-watchers interested in future Court decisions.

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  • Business Crimes Bulletin

    Epstein Saga Puts Spotlight on Crime Victim’s Rights Act

    Robert J. Anello and Richard F. Albert 

    The significance of the Crime Victims’ Rights Act (CVRA), which is intended to guarantee crime victims a role in federal criminal proceedings, has been highlighted in the case of Jeffrey E. Epstein, the financier accused of sexually trafficking underage girls. Because the government’s noncompliance with the CVRA in negotiating Epstein’s plea deal in 2008 led to Alexander R. Acosta losing his cabinet position as Secretary of Labor, practitioners can expect prosecutors and judges to be more focused on the CVRA going forward.

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  • Business Crimes Bulletin

    Carnival Execs May Face Criminal Charges Over Compliance Failures

    Sue Reisinger

    Once again a company has felt the pain that comes when it is caught violating an agreement with the Department of Justice. After taking a tongue lashing from a federal judge for repeatedly violating the law, Carnival Corp. executives have until autumn to hire a chief compliance officer and begin meaningful compliance reforms at the world’s largest cruise line.

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  • Cybersecurity Law & Strategy

    2 U.S. Law Firms Among Cybercrime Victims

    Patrick Smith

    Because They Often Possess Valuable Information on a Variety of Companies and Individuals, Law Offices Continue to Be a Favorite Target for Hackers

    The DOJ said that two U.S.-based law firms were among the victims of a “complex transnational organized cyber-crime network” that has been taken down.

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  • Business Crimes Bulletin

    The Yates Memo is Here to Stay: Signs of Increasing Efforts to Hold Individuals Criminally Liable for Corporate Wrongdoing

    Carolyn H. Kendall and Yune D. Emeritz

    It is axiomatic that companies cannot do wrong without the actions of individuals. However, the trend over the past few decades, with a few exceptions, has been that individuals generally were not prosecuted for their roles in corporate wrongdoing that harmed the public welfare. However, there appears to be a recent escalation in prosecutions of corporate executives.

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  • Business Crimes Bulletin

    How to Respond to a Search Warrant

    Marjorie Peerce and Mark S. Kokanovich

    Imagine you are in-house counsel, working on a transactional document, when you receive a breathless call from a manager at one of your warehouses that a search warrant is being executed on the premises. What do you do?

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  • Business Crimes Bulletin

    Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration

    Joseph F. Savage, Jr. and Marielle Sanchez

    Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.

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  • Business Crimes Bulletin

    Judicial Skepticism Mounts Over the Use and Reach of Appellate Waivers

    Harry Sandick and Danielle Quinn

    A defendant who pleads guilty is usually required to waive a host of constitutional and statutory rights, such as the right to a jury trial, the right to confront and cross-examine adverse witnesses, the right to testify and present evidence. However, many defendants are also required to waive their right to appeal in order to receive a favorable plea agreement with the government.

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  • Business Crimes Bulletin

    Should Trump’s Foreign Policy Affect Criminal Prosecutions?

    Robert J. Anello and Kostya Lantsman

    Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.

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  • Business Crimes Bulletin

    Fighting Biometric Fraud on the Blockchain

    Alastair Johnson

    The use of SMS verification codes as a security measure has recently been exposed as a mere stop-gap solution because of the ability of hackers to fraudulently take over phone numbers. Biometrics meanwhile is proving to be one of the best new technologies to combat fraud and identity theft.

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