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Business Crimes Bulletin

July 2025
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Features

High Court Expands the Reach of the Wire Fraud Statute (Part III) Image

High Court Expands the Reach of the Wire Fraud Statute (Part III)

Harry Sandick & Caitlyn Wigler

On May 22, 2025, the Supreme Court endorsed the “fraudulent inducement” theory of wire fraud in Kousisis v. United States, departing from its recent trend of narrowing the scope of broadly worded criminal statutes, including the wire fraud statute. This decision appears to allow the government to obtain a conviction even where the defendant did not intend to cause economic harm to their counterparty, so long as the defendant made material false statements in order to obtain property from another.

Features

Breaking Down DOJ’s New FCPA Enforcement Guidelines Image

Breaking Down DOJ’s New FCPA Enforcement Guidelines

Mark Mendelsohn & Benjamin Klein

On June 9, the DOJ released its Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act, ending a months-long pause on FCPA enforcement and outlining DOJ’s go-forward criteria for evaluating whether to bring FCPA actions. Here’s a breakdown of the key themes in the guidelines.

Features

Foreigners Can Use Trump’s Policies As Defense to Extradition Image

Foreigners Can Use Trump’s Policies As Defense to Extradition

Robert J. Anello & Richard F. Albert

One defense that foreign courts have given substantial weight when evaluating a request for extradition to the United States is the risk of inhumane or unfair treatment, including the denial of substantive or procedural rights, as well as the conditions and length of punishment an extradited person faces if convicted. The administration’s resistance to complying with federal court orders taking the contrary view may provide further support.

Features

Insider Traders May Be Subject to Shareholder Actions to Recover Short-Term Profits Image

Insider Traders May Be Subject to Shareholder Actions to Recover Short-Term Profits

Susan Hurd & Carissa Lavin

During times of increased market volatility, opportunities for short-term profit-taking become more prevalent. However, corporate insiders who trade in their company’s stock in such an environment may be subject to shareholder actions aimed at recovering any short-term profits they earn.

Features

New and Conflicting Regulations, Not Tariffs, Are Top Concern for Compliance Pros Image

New and Conflicting Regulations, Not Tariffs, Are Top Concern for Compliance Pros

Trudy Knockless

As regulatory shifts grow more unpredictable, corporate legal departments are stepping up their role in risk management — even as many feel they’re navigating in the dark. Their top concern? A surge in new — and often conflicting — regulations spanning everything from consumer privacy and AI governance to tax and trade.

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