• 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

    In the Courts

    Surya Kundu

    Seventh Circuit Distinguishes Between Truth and Truthiness

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  • Business Crimes Bulletin

    Business Crimes Hotline

    Surya Kundu

    To Release or Not Release Grand Jury Documents? The D.C. Circuit Says No.

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  • Business Crimes Bulletin

    “Spoofing” as Fraud: A Novel and Untested Theory of Prosecution

    Jodi Misher Peikin and Justin Roller

    The DOJ has signaled its intent to pursue prosecutions for spoofing — which the law defines as “bidding or offering with the intent to cancel the bid or offer before execution” — aggressively. This article begins with a brief discussion of the elements that the government must prove to establish commodities fraud and wire fraud. It then examines recent spoofing prosecutions that raise important questions about the applicability of the traditional fraud statutes to spoofing-related activity. How the federal courts answer these open questions will have significant implications for participants in the commodities markets.

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  • Business Crimes Bulletin

    FCA Cases: Convincing DOJ to Move to Dismiss

    Jacqueline C. Wolff

    Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss.

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  • Business Crimes Bulletin

    In the Courts

    Kate Monks

    The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.

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  • Business Crimes Bulletin

    Business Crimes Hotline

    Kate Monks

    The former CEO of a pharmaceutical company was found guilty by a jury on eight counts of wire fraud affecting a financial institution for orchestrating a scheme that led to the collapse of one of Puerto Rico’s biggest banks.

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  • Business Crimes Bulletin

    FCA and Statute of Limitations: A Puzzle for the Supreme Court

    Jonathan S. Feld, Eric Klein and Andrew VanEgmond

    The FCA is not a model of clarity. In a certiorari petition in United States ex rel. Hunt v. Cochise Consultancy, the U.S. Supreme Court will address an area of uncertainty that has led to a three-way circuit split regarding the FCA’s statute of limitations. Depending on the outcome, FCA defendants could end up facing even more claims up to a decade old or, alternatively, have a new limitation on FCA actions upon which to rely.

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