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We found 1,370 results for "Business Crimes Bulletin"...

Balancing Fourth Amendment Expectations in the Electronic Era
July 01, 2018
As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment's privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”
The DOJ's Latest Opioid Crime-Fighting Tool: The Civil False Claims Act
July 01, 2018
<b><i>The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States' Sweeping Opioid Epidemic</b></i><p>The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.
The Seizure of Attorney-Client Communications: Fighting Back
July 01, 2018
The government's seizure of attorney-client communications, a headline event when it involves the President's lawyer Michael Cohen, actually is a recurrent problem in white collar criminal investigations due to the convergence of several trends.
Business Crimes Hotline
July 01, 2018
Macau Mogul Sentenced in First U.N. Bribery Case
In the Courts
July 01, 2018
Silver Convicted Again in Second Corruption Trial
When Is a Bid or Offer a 'Spoof'?
June 01, 2018
<b><i>U.S. Supreme Court Denial of Cert Leaves Statute Vague</i></b><p>This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.
Addressing Disproportionate Forfeitures: Refining the <i>Bajakajian</i> Analysis
June 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>In Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — <i>United States v. Bajakajian</i> — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.
False Claims and Private Equity: The Government's Increasing Focus on Private Equity Firms in False Claims Act Cases
May 01, 2018
The health care industry continues to hold great potential for private equity (PE) firms, but it also carries with it significant risks and potential exposure to liability. As the pressure to find opportunities has increased, there appears to be a greater appetite for riskier investments including into portfolio companies that experienced or are experiencing compliance challenges.
Challenging Disproportionate Forfeitures
May 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>In <i>Honeycutt v. United States</i>, the Supreme Court rejected the argument that a federal criminal forfeiture statute permits joint and several liability for criminal asset forfeiture judgments, thereby protecting defendants who were only marginally culpable for a larger offense.
The Growing Risk of Providing Oral Summaries
May 01, 2018
<b><i>Preserving Privilege in the Wake of SEC v. Herrera and the Government's Increasing Leverage to Obtain Such Disclosures</b></i><p>A Magistrate Judge of the U.S. District Court for the Southern District of Florida held that an “oral download” of outside counsel's interview notes to the SEC resulted in a limited waiver of protection under the attorney work-product doctrine over the underlying interview notes and memoranda. The decision is a significant one, and underscores one of the core challenges facing companies seeking to cooperate with the government during the course of its investigations.

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