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Second Circuit 'Connolly' Ruling Shows Limits of Mail and Wire Fraud Statutes
Since about 2011, the Department of Justice has devoted considerable effort to investigate and prosecute alleged manipulation of the London Inter-Bank Offer Rate (LIBOR). LIBOR is an interest rate benchmark that is so embedded in the global financial system that, despite much criticism, and even during DOJ's investigations and prosecutions, LIBOR has continued to be used by institutional borrowers and lenders, and will not be phased out fully until June 2023.
DOJ's efforts have led to civil and criminal charges against global banks, resulting in the payment of approximately $8.5 billion in fines and penalties, and the prosecution of over 20 individuals in the United States and the UK, including Matthew Connolly and Gavin Black of Deutsche Bank AG (DB). Connolly and Black pled not guilty and were convicted at trial in 2018. Despite being critical of the government's handling of the investigation, the district court denied motions for acquittal and for a new trial.
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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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.