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Money Laundering Compliance Examinations
Part One of a Two-Part Article
For money-laundering compliance officers, a classic Bob Dylan song offers a word of sound advice: “You better start swimming or you'll sink like a stone, for the times they are a-changin'.” Or, as acting Chief Counsel for the Comptroller of the Currency Dan Stipano told Florida bankers in February, “In every war we have ever fought, bankers have been on the front lines. While most banks have been willing partners … what was good enough in the past may not be good enough now. The stakes are much, much higher than ever before and a 'business as usual' approach is not going to be sufficient.” Banks that fail to head these warnings will face onerous regulatory orders, fines, and possible criminal investigation.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.