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Until recently, the Foreign Agents Registration Act (FARA or the Act) was a curious historical and legal artifact with little contemporary relevance. Passed in 1938 in order to prevent a “fifth column” of Nazi supporters from secretly advocating on behalf of Hitler’s Germany, Congress enacted FARA in order to require “agents of foreign principals who might engage in subversive acts or spreading foreign propaganda” to register with the Department of Justice. Viereck v. United States, 318 U.S. 236, 241 (1943). For decades, the statute laid dormant, with only seven criminal FARA cases initiated between 1966 and 2015. See, Office of the Inspector General, Department of Justice, Audit Division 16-24, Audit of the National Security Division’s enforcement and Administration of the Foreign Agents Registration Act, at 8 (September 2016). In recent years, however, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.
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By Harry Sandick and Hilarie Meyers
Going back many decades, each Deputy Attorney General (DAG) has promulgated revisions to the DOJ’s corporate criminal enforcement policies, leaving behind eponymous policy memos that were carefully studied by defense attorneys. Like her predecessors, Deputy Attorney General Lisa Monaco has been quick to announce a series of revisions to DOJ’s corporate criminal enforcement policies and practices.
By Edward T. Kang
In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans.
By Andrew N. Bourne
Professional liability insurance policies may provide coverage for criminal proceedings, including defense costs incurred defending against criminal indictments. Corporate policyholders, and individuals covered under professional liability policies, should know exactly what type of claims are insured.
By Andrew Goudsward
After nearly nine years in the private sector, Glenn Leon returned to the U.S. Department of Justice to take over a section that has grown both in staff and in stature as it pursues some of the government’s biggest white-collar cases.