So What Does Your Fidelity Policy Actually Cover?
February 29, 2008
Businesses purchase fidelity insurance to cover their losses from crime such as employee theft and forgery. This need is usually most pronounced for banks and other financial service firms, where employees have access to enormous amounts of money. For these policyholders, misplaced trust in a resourceful employee can result in millions of dollars disappearing from the policyholder or its clients with only a few keystrokes.
In the Courts
February 27, 2008
In-depth analysis of recent rulings.
Negotiating Confidentiality Agreements with the Government
February 27, 2008
In years past, a corporation could assume that, when it produced documents in response to a Department of Justice (DOJ) subpoena, there were limited risks that such documents would be disclosed to an entity outside of the investigation unless the government used them as exhibits in court proceedings. Two factors in recent years have changed that set of expectations and significantly raised the likelihood that documents produced to the government could end up in the hands of plaintiffs' lawyers, competitors, the news media, and others.
Obtaining Testimony and Evidence from Overseas Witnesses
February 27, 2008
The defense of white-collar crime increasingly involves the need to obtain evidence from witnesses located abroad. Without careful planning, exculpatory evidence may remain out of the reach of a defendant for whom such evidence is the only thing standing between him and a prison sentence.
Survey of Recent Developments in Criminal Antitrust Law
February 27, 2008
There have been numerous developments in U.S. criminal antitrust law over the last half-decade ' in legislation, judicial opinions, and the publicly stated enforcement policy of the Antitrust Division of the Department of Justice (DOJ). While none have been watershed events individually, in the aggregate they fundamentally impact representation of companies or individuals under investigation for antitrust violations. This article outlines the cumulative effect of these developments and indicates how representation of companies under antitrust investigation has changed over this period.
In the Courts
January 29, 2008
Rulings of interest to you and your practice.
'Fraud Control Gap'
January 29, 2008
A 2007 study by the author's firm's Deloitte Forensic Center revealed relatively weak performance in many companies' fraud controls, raising concerns about the effectiveness of key aspects of corporate compliance, ethics and risk management programs. In-house counsel should consider how the findings might apply to their companies and what remedial steps they can take.
Can I Get a (GAAP) Witness?
January 29, 2008
John and Timothy Rigas ('the Rigases') were convicted in 2004 by a federal jury for their roles in looting millions of dollars from Adelphia Communications Co. and for failing to disclose billions of dollars in company liabilities on Adelphia's financial statements. In their appeal to the Second Circuit, the Rigases argued that because their convictions were predicated on Adelphia's accounting for liabilities in its financial statements, the prosecution was required to call an accounting expert to explain the technical aspects of applicable Generally Accepted Accounting Principles (GAAP). The Second Circuit recently affirmed all but one of the counts of convictions. Here is an analysis of the case.
Tax Crimes: Has the Bright Line Moved?
January 29, 2008
The authors are longtime members of the ABA Section of Taxation Civil and Criminal Tax Penalties Committee. Their thrice-annual Saturday morning meetings used to involve continuing education only among lawyers joined by the common bond of representing clients who were not just aggressive in their tax affairs but who really cheated (or at least were thought to have by the government). For the past few years, though, their sessions have been packed with practitioners who never before cared much about developments in the world of criminal tax law. Here's why.
