Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorKickerFeaturesTopicsCommercial LawSectionsNewsLJN Newsletters

Restitution for Internal Investigation Costs Under the MVRA

By Christopher J. Hunter

The third quarter is about to close, and your legal department remains within its fiscal year budget. Then the phone rings, and your priorities for the rest of the fiscal year and budget for them are blown. It's a senior member of the internal audit team on the line reporting that her group has detected irregular invoicing with four different vendors. What's more, she says, the activity of concern, while seemingly ending last fiscal year, appears to have occurred for more than three years with an aggregate amount at issue approaching seven figures. Countless questions are presented with few verifiable answers. The problem is immediately transformed from an audit issue to an investigation with possible criminal consequences.

Fast forward over the next several months to the conclusion of the internal investigation that outside counsel conducted at your direction. The good news findings are that the managers who were involved in embezzling money from the company through a fraudulent invoicing scheme are gone, and the scheme has ended. The bad news findings are that they stole nearly $1 million, and the cost of the investigation ' company costs and outside counsel costs ' pushed the loss figure higher. Legal expenses will continue, because the local U.S. Attorney's Office has notified you of an ongoing investigation into the conduct that your investigative team uncovered.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.