Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In the Courts
Second Circuit Issues Ruling Against DOJ in United States v. Hoskins Appeal
In August, the U.S. Department of Justice (DOJ) lost its appeal in United States v. Hoskins, No. 16-1010, — F.3d —-, 2018 WL 4038192 (2d Cir. Aug. 24, 2018). According to the United States Court of Appeals for the Second Circuit, the case turned on the extraterritorial jurisdiction of the Foreign Corrupt Practices Act (FCPA) and whether “a foreign national who never set foot in the United States or worked for an American company during the alleged scheme, may be held liable, under a conspiracy or complicity theory, for violating FCPA provisions targeting American persons and companies and their agents, officers, directors, employees, and shareholders, and persons physically present within the United States.” The Second Circuit continued: “In other words, can a person be guilty as an accomplice or a co-conspirator for an FCPA crime that he or she is incapable of committing as a principal?”
Officers, directors, employees, and shareholders of foreign companies are subject to the FCPA if they: are U.S. citizens, nationals, or residents; commit any act in furtherance of an FCPA while in the United States or by using the facilities of interstate commerce; or engage in conduct that violates the FCPA while acting as an agent of an entity or individual covered by the FCPA. Historically, the DOJ and U.S. Securities and Exchange Commission have pursued limited United States touch points as the jurisdictional basis for FCPA enforcement, including, for example, emailing, texting, and virtual participation in meetings from within the United States.
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.
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.