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An effective compliance program is essential for any business, allowing the organization to identify potential vulnerabilities and to minimize risk. It is also relevant in defending against government investigations and prosecutions, criminal or civil. In fiscal year 2016, 132 organizations were sentenced (129 pleaded guilty; only three went to trial); however, according to the U.S. Sentencing Commission, only 2.1% of organizations seeking acceptance of responsibility credit under U.S. Sentencing Guideline § 8C2.5 had an “effective” compliance program. See U.S. Sentencing Commission Sourcebook at Tables 53, 54 (2016).
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By Jonathan S. Feld, Jason Ross and Amelia Marquis
When used for work, mobile devices routinely contain employers’ proprietary and confidential data. The struggle between Government requests for access to such data and constitutional protections — including the Government’s ability to compel the turnover of biometric “keys” to unlock mobile devices — create areas of concern.
By Telemachus P. Kasulis
Two criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.
By Matthew D. Feil and Andrew M. Serrao
Will Prosecutors Take Advantage?
The recent decision in United States v. Blaszczak may signal a change in how prosecutors in the Second Circuit, and perhaps in other jurisdictions, pursue insider-trading cases.
Former Barbados Government Official Convicted on U.S. Money Laundering Charges Following Insurance Company of Barbados FCPA Settlement