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We found 1,361 results for "Business Crimes Bulletin"...

In the Courts
Recent rulings of interest.
Confidential Client Communications? Maybe Not
Former SEC Chairman William H. Donaldson noted in a March 5, 2004 speech that SOX was needed to deal with 'a general erosion of standards of integrity and ethics in the corporate and financial world ... The acquiescence by the gatekeepers, like accountants, who turned their backs or actually condoned such accounting manipulation, combined with stock option incentives to management, fueled the short-term focus.' Ironically, the SEC and the Department of Justice, which enforce SOX's criminal provisions, appear ready to burden the traditional ethical obligations of corporate legal counselors to keep client communications confidential in an effort to police the integrity and ethics of other corporate gatekeepers.
'Misprision of a Felony'
Notwithstanding the continuing reliance of federal courts on the Federal Sentencing Guidelines, they recognize that Congress did not intend to weaken the plea bargaining system when it enacted the Sentencing Reform Act. Given the formulaic nature of the guidelines, plea bargaining may be the best way to secure the most advantageous result for a client facing federal criminal charges. One bargaining tool is for defense counsel to suggest that his client plead to an alternative charge, such as misprision of a felony, 18 U.S.C. ' 4.
Compliance and Ethics Programs: Passivity Is Passe
What changes did the Sentencing Commission make last year? Several general themes emerge. First, the Sentencing Commission attempted to create responsibility and more direct accountability on the part of corporate management for the existence and operation of a compliance and ethics program. Second, the Sentencing Commission created some specific responsibilities, in respect of the compliance and ethics program, for the 'governing authority' of the entity, which for a corporation is the board of directors. Third, the Sentencing Commission clarified that training is a mandatory means by which to 'communicate ... its standards and procedures' to all employees, including directors and management, and, as appropriate, third-party agents. This article examines those themes in greater detail.
Business Crimes Hotline
National decisions you need to know.
In the Courts
Recent rulings of interest to you and your practice.
Criminal Enforcement of FBAR Filing Requirements
With this year's June 30 deadline for the Foreign Bank Account Reports (FBAR) fast approaching, it's worth considering the federal government's increased attention to the FBAR rules. Though criminal and civil enforcement relating to persons failing to comply with FBAR reporting requirements has been rare, the IRS (now the agency principally responsible for FBAR compliance) appears to be gearing up to investigate and prosecute willful violators. This new emphasis, together with the IRS's ever-expanding ability to obtain once secret information from foreign jurisdictions, suggests that we will be seeing more investigations and prosecutions in this area.
New Rules for Electronic Records?
A recent decision by a Ninth Circuit Bankruptcy Appellate Panel rejected the prevailing standard for authenticating electronically stored records and imposed stringent requirements that may help defend against computerized evidence in a broad range of cases, including white-collar prosecutions. In re: Vinhnee, 2005 WL 3609376 (B.A.P. 9th Cir. Dec. 16, 2005). Although decisions of the Panel, which consists of three bankruptcy judges, are binding precedent only for bankruptcy courts in the Ninth Circuit, Vinhnee's persuasive analysis has the potential to change the use of electronic evidence in other courts.
Enlisting Law Enforcement in Corporate Competition
Companies battling competitors may ask how to get a competitor criminally investigated. Two issues appear: Is this a good idea? If 'yes,' how do you do it effectively?
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