• Business Crimes Bulletin

    New FCPA Decision Limits DOJ’s International Reach

    Harry Sandick and Devon Hercher

    In recent years, we have seen the DOJ expand its international focus, as it looks to punish foreign nationals, often for conduct that occurred almost entirely outside of the territorial borders of the United States. DOJ’s eagerness, however, has not been matched by judicial enthusiasm concerning the extraterritorial application of U.S. law.

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  • Business Crimes Bulletin

    Federal Crackdown on Hoarding and Gouging During COVID-19 Crisis

    Marjorie Peerce and Justin Kerner

    Storage and Hauling Companies Take Note

    Imagine that it’s Spring 2020 and you run a warehousing company and you discover that your warehouse contains containers of goods that could help combat the spread of the COVID-19 virus — masks, medical gowns, gloves or other personal protective equipment (PPE). Or imagine you own a trucking company and learn that your drivers are delivering pallets of hand sanitizer and disinfectants to a residential address. What, if any, liability might you have if it turns out a customer is hoarding PPE?

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  • Business Crimes Bulletin

    Cutting Off the Stream: How United States v. Silver Affects “Stream of Benefits” or “Retainer” Bribery

    James D. Gatta, Andrew Kim and Emily M. Notini

    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver’s counts of conviction, it was clarifying and not altering the “as opportunities arise” theory, it nevertheless emphasized that this theory requires particularity with respect to the “question or matter” that is the subject of the bribe payor and recipient’s corrupt agreement.

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  • Business Crimes Bulletin

    Conducting Internal Investigations During the COVID-19 Pandemic

    Jacqueline C. Wolff, Scott T. Lashway, and Matthew M.K. Stein

    In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.

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  • Business Crimes Bulletin

    New Normal Sets In for White-Collar Lawyers in the Virus Era

    C. Ryan Barber

    In a practice that prizes in-person meetings, virtual communication has become commonplace.

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  • Business Crimes Bulletin

    The Importance of ‘Particulars’ in Criminal Fraud Cases

    Elkan Abramowitz and Jonathan Sack

    This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.

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  • Business Crimes Bulletin

    In the Courts

    Juliet Gunev

    Maryland’s Largest Ever Ponzi-Scheme: Kevin Merrill Sentenced to 22 Years in Prison for $396 Million Consumer Debt Fraud

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  • Business Crimes Bulletin

    Supreme Court’s October Term 2018 Contains Hints of Things to Come

    Harry Sandick and Tara Norris

    Part One of a Two-Part Article

    In its recently ended October Term 2018, the U.S. Supreme Court decided several notable criminal law decisions that will have a meaningful impact on white-collar practitioners’ work and, importantly, offer clues regarding the movement of the criminal law in subsequent terms. In this two-part article, we review several of the key decisions and consider their implications, both for practitioners in this area and for Court-watchers interested in future Court decisions.

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  • Business Crimes Bulletin

    Epstein Saga Puts Spotlight on Crime Victim’s Rights Act

    Robert J. Anello and Richard F. Albert 

    The significance of the Crime Victims’ Rights Act (CVRA), which is intended to guarantee crime victims a role in federal criminal proceedings, has been highlighted in the case of Jeffrey E. Epstein, the financier accused of sexually trafficking underage girls. Because the government’s noncompliance with the CVRA in negotiating Epstein’s plea deal in 2008 led to Alexander R. Acosta losing his cabinet position as Secretary of Labor, practitioners can expect prosecutors and judges to be more focused on the CVRA going forward.

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  • Business Crimes Bulletin

    Carnival Execs May Face Criminal Charges Over Compliance Failures

    Sue Reisinger

    Once again a company has felt the pain that comes when it is caught violating an agreement with the Department of Justice. After taking a tongue lashing from a federal judge for repeatedly violating the law, Carnival Corp. executives have until autumn to hire a chief compliance officer and begin meaningful compliance reforms at the world’s largest cruise line.

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