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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.
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.