The DOJ's New Parameters for Evaluating Corporate Compliance Programs
July 01, 2017
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Do Your Employment Practices Violate Antitrust Law? They Might!
July 01, 2017
Did you know that certain employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division
Preet Bharara Highlighted Insurance Fraud
July 01, 2017
Over nearly eight years as U.S. Attorney for the Southern District of New York, Preet Bharara became recognized as a powerful prosecutor in many areas, including government corruption and white-collar crime. Another subject for which he certainly deserves mention is his strong record helping to fight insurance fraud in New York.
In the Courts
July 01, 2017
Recently, the Ninth Circuit set aside the convictions of Walter Liew, a Chinese-American engineer, for witness tampering and making false statements to the court. Here's an in-depth look at the case.
The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
Corporate FCPA Enforcement in the Era of Trump
<b><I>Part Two of a Two-Part Article </I></b><p>As the penalties being extracted by the United States from multinational corporations for violations of anti-corruption statutes have skyrocketed in recent years, an increasing number of other countries have begun to pass or enhance their own laws prohibiting, among other things, bribery of foreign officials, and have increased the financial penalties applicable to businesses that violate those laws.
The DOJ's FCPA Pilot Program Wins Some White-Collar Praise, to a Point
Weighing the risks of self-reporting a bribery violation or hiding it has always been a thorny issue for companies. And that's the dilemma at the heart of the DOJ's pilot program for violations of the FCP). While the one-year program has made companies a little more trusting of prosecutors, the decision to self-report a foreign bribe is no less gut-wrenching, according to FCPA lawyers.
In the Courts
Judge Rules Wal-Mart In-House Investigator's Findings Not Privileged On May 5, Judge Susan O. Hickey of the Western District of Arkansas granted investors'…
Business Crimes Hotline
NORTH CAROLINANine Individuals Now Indicted for $2.5 Million Investment Fraud SchemeOn April 27, a Western District of North Carolina grand jury…
Corporate FCPA Enforcement in the Era of Trump
May 25, 2017
<b><I>Part Two of a Two-Part Article </I></b><p>
As the penalties being extracted by the United States from multinational corporations for violations of anti-corruption statutes have skyrocketed in recent years, an increasing number of other countries have begun to pass or enhance their own laws prohibiting, among other things, bribery of foreign officials, and have increased the financial penalties applicable to businesses that violate those laws.
