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Over the past decade, scientists of Asian descent — mostly Chinese and Chinese American — have faced increasing government scrutiny into whether they are acting as agents for Chinese businesses and governmental entities. In 2018, the Department of Justice announced its China Initiative (the Initiative), a new policy dedicated to prosecuting economic espionage, trade secret theft, hacking, and other economic crimes done for the benefit of Chinese private and governmental entities. According to the Department of Justice (DOJ), “[a]bout 80 percent of all economic espionage prosecutions brought by [DOJ] allege conduct that would benefit the Chinese state, and there is at least some nexus to China in around 60 percent of all trade secret theft cases.” Press Release, DOJ, Information About the Department of Justice’s China Initiative and Compilation of China-Related Prosecutions Since 2018. The Initiative also increased DOJ’s focus on “non-traditional collectors [of information],” defined as individuals who are not spies, but instead are professors, students, and other ordinary citizens coopted to gather and transfer valuable information and technologies contrary to the United States’ interests. DOJ, Attorney General Jeff Session’s China Initiative Fact Sheet.
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By Kyle R. Freeny and Benjamin G. Greenberg
Over the last decade or so, anti-money laundering (AML), counter-terrorism financing (CFT), and sanctions compliance have been the subject of increased enforcement efforts. We expect this trend to accelerate in 2021 and beyond, propelled at least in part by the recent enactment of the Anti-Money Laundering Act of 2020.
By Ty E. Howard, Scarlett S. Nokes, Gene R. Besen and Jason P. Mehta
With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.
By Robert J. Anello and Richard F. Albert
Wall Street has greeted Gary Gensler’s nomination as Chair of the SEC with some trepidation, perhaps with good reason. Congress, by contrast, may have presented him with a powerful signing bonus.
By Sozi Pedro Tulante and Joshua Drew
The increasing number of regulators and enforcement agencies bringing foreign bribery cases across the globe raises the specter of successive or “carbon copy” cases. Policymakers and practitioners need to be aware of this developing risk and take steps to mitigate it.