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Although billed as an annual look-back, the U.S. Department of Justice Criminal Division’s Fraud Section annual report provides important insight for individuals, entities, and their lawyers as to where the Fraud Section is setting its sights for 2022 and beyond. Released last month, the statistics in the 2021 report reflect that any lingering effects from the pandemic on white-collar prosecutions are rapidly dissipating and the Fraud Section is staffed and ready to continue its focus on prosecuting white-collar fraud. Perhaps the biggest takeaway from the 2021 report is its implicit reiteration of the age-old adage that where the money goes, so does fraud — and DOJ enforcement efforts. Expect the Fraud Section to continue to focus its resources on combating fraud in areas where federal spending is most pronounced: health care, procurement, and, at least recently, COVID-19 relief. And, while there were fewer blockbuster Foreign Corrupt Practices Act resolutions in 2021, we expect that large FCPA cases will return over the next few years as the Fraud Section both rebuilds its pipeline and brings investigations begun right before and during the pandemic to a close.
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Common Pitfalls In Personal Device Collection
By Marjorie Peerce and Marguerite O’Brien
Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
FCPA Compliance Guidance for Global Businesses
By Cole Callihan
The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.
Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws
By Karen Hoffman-Lent and Kenneth Schwartz
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
Will the Corporate Transparency Act Smother the Cannabis Industry?
By Steve Schain
The CTA requires business entities to file information on their “beneficial owners” with FinCEN, which, in turn, may disclose it to domestic and foreign law enforcement agencies, prosecutors, judges and financial institutions.
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