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The U.S. government’s lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world’s policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive’s home country?
The U.S. government’s lead role in the prosecution of corruption within the Zurich, Switzerland-based Fédération Internationale de Football Association (FIFA) may be a paradigmatic example of U.S. law enforcement acting as the world’s policeman, reaching out around the globe to prosecute wrongdoing with little apparent connection to the land of baseball, hot dogs and apple pie. Didn’t the Supreme Court remind everyone just a few years ago that U.S. statutes are presumed only to apply domestically? If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive’s home country?
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Scared of Your Clients’ Involvement With Cryptocurrency?
By Ross Benson and Robert N. Driscoll
Given the rapid expansion of interest and participation in cryptocurrency transactions, it’s not a matter of whether you have an interest in crypto, think it’s all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.
Telehealth: The Wave of the Future for Both Medicine and Enforcement
By Jacqueline C. Wolff and Michael Herrmann
The prevalent view is that telehealth will remain an integral part of our healthcare system post-PHE and may even continue to expand. And that means criminal and civil enforcement focused on fraud committed using, or furthered by the use of, telehealth will be expanding as well, particularly when one looks at the dollars that a regulator can bring in for fraud or noncompliance.
By Carolyn H. Kendall and Abraham J. Rein
Hillary Clinton's 2015 statement about the possibility of incarceration for employment-related failures was, to many, an alarming prospect. Since that time, this movement has grown, and has recently gained momentum. Today, prosecutors across the country increasingly seek criminal fines and jail time for what were previously seen as non-criminal labor violations.
Federal Public Corruption Prosecutions
By Elkan Abramowitz and Jonathan S. Sack
This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions.
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