Corporate FCPA Enforcement in the Era of Trump
<b><I>Same Old, Same Old</I></b><p><b><I>Part One of a Two-Part Article</I></b><p>Based on President Trump's remarks as a candidate, one might anticipate a marked drop-off in FCPA enforcement. Other evidence, however, convincingly suggests the trend of increased international cooperation and direction of enforcement resources in the FCPA arena is likely to continue.
A 'Loss' Under the CFAA Does Not Require Interruption of Service
<b><I>What Federal Appellate Courts Agree Upon with Regard to the CFAA</I></b><p>Under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, which was originally enacted in 1984 to address "computer crime," the success of CFAA claims can sometimes ride on whether "authorization" connotes restrictions only on the access to information, and not restrictions on its use. This article focuses on what federal appellate courts agree upon with regard to the text of the CFAA.
SEC Takes Aim at Political Contributions By Investment Advisers
While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the "pay-to-play" rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.
In the Courts
Discussion of a ruling in which the Third Circuit Third affirmed the conviction and 42-month sentence of a man convicted in a PA bribery case.
The Growing Convergence of Cyber-Related Crime and Suspicious Activity Reporting
May 01, 2017
Regulators and law enforcement are taking proactive steps to further leverage anti–money-laundering monitoring and reporting tools in their battle with cyber attacks and cyber crimes. In-house legal and compliance teams need to be fully versed in the latest FinCEN and bank regulatory guidance on cyber-related crimes and have the right professionals available to assist them with these matters.
The Internal Audit Function
The International Professional Practices Framework released last year by the IIA is intended to provide guidance for internal auditors, by seeking to focus on core principles. The framework identifies 10 core principles that describe or guide what an effective internal audit function should focus upon and to what it should adhere.
The Clock Is Ticking
<b><I>Courts Check Government Attempts to Extend the Statute of Limitations</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>When the SEC and other government regulatory agencies pursue civil enforcement actions against those accused of financial fraud, they often attempt to recover monetary penalties and fines for periods of time even outside the limitations period. This effort is being met with resistance by the courts. The authors conclude their discussion herein.
In the Courts
On March 9, 2017, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit affirmed U.S. District Judge Robert Shelby's approval of a settlement that barred several IRA account owners from filing individual claims against the custodian bank. An in-depth analysis of the court's ruling.
Business Crimes Hotline
On March 3, Stanley Jonathan Fortenberry was sentenced to 78 months in prison for operating fraudulent investment companies and obstructing a Securities and Exchange Commission (SEC) investigation. Here's an analysis of the case.
