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We found 1,386 results for "Business Crimes Bulletin"...

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.
Founders of Cryptocurrency-Focused Tech Company Face Federal Fraud Charges
May 01, 2018
Two heads of a tech company that raised tens of millions through an initial coin offering for what was sold as the world's first multi-blockchain debit card now face federal civil and criminal charges for allegedly defrauding investors.
In the Courts
May 01, 2018
Tenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million
Business Crimes Hotline
May 01, 2018
Singapore Passes Deferred Prosecution Legislation
Compliance Officers and Law Enforcement: Friends or Foes?
April 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.

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