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In late April 2022, riding a wave of bipartisan political support, the Biden administration and House of Representatives proposed expanding the executive branch’s authority to freeze, seize, and forfeit to the people of Ukraine assets of individuals perceived to be aligned with the Russian government. These proposals seek to punish the Russian government’s contemptable invasion of Ukraine, which has resulted in catastrophic levels of destruction and horrendous numbers of civilian casualties — including some caused by potential war crimes, a global refugee crisis, and a potential global food crisis. By going after the assets of those who, historically, have benefited from political allegiance to the regime of Vladimir Putin, political leaders hope to pressure Putin to reconsider his egregious actions. The goal is laudable, but pursuing it by expanding the reach of asset forfeiture — a domain that has been subject to justifiable criticism in recent years — and by expressly tying forfeitability to historic political support of a nation-state, raises some serious procedural and substantive questions.
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DOJ’s Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
By Randy S. Grossman, Kareem A. Salem and Kayla LaRosa
DOJ’s Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
The State of Supreme Court Jurisprudence On Public Corruption
By Carrie H. Cohen and Allison M. Magnarelli
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
Defending Against Extradition to the United States
By Robert J. Anello and Richard F. Albert
The arm of U.S. extradition law is long. Fortunately, practitioners have defenses at their disposal that they may raise in the requested country’s courts to help either limit the scope of prosecution once extradition occurs, or to prevent it altogether.
New DOJ Self-Disclosure Pilot Program Increases Risk for Startups
By Jonathan Fahey, Jonathan P. Lienhard and Oliver Roberts
The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.