Bonus Compensation Clawbacks
In an emerging trend, chief executive officers and chief financial officers of companies settling U.S. Securities and Exchange Commission (SEC) financial reporting cases are personally paying back bonuses and other incentive-based compensation, despite the absence of accusations of personal misconduct or formal SEC actions against them individually.
Business Crimes Hotline
The IRS released a Chief Counsel Advice holding that disgorgement, the remedy commonly used to generate large monetary settlements in white-collar enforcement actions with the Securities SEC, was not tax deductible.
In the Courts
Discussion about the Supreme Court of Canada Issuing a landmark ruling.
In the Courts
On April 8, the Seventh Circuit reversed the conviction and ordered the acquittal of David Weimert, a former executive at AnchorBank, on five counts of wire fraud related to a real estate deal he negotiated in 2009. Here's a look at the ruling.
Third-Party Intermediary FCPA Exposures
In last month's newsletter, the author shone a light on the risk that a third party ' like a consultant, agent, broker or distributor ' will involve the company in activities that could expose it to liability for violations of the the Foreign Corrupt Practices Act (FCPA), the government's primary weapon against bribery of foreign officials. That discussion concludes herein.
Business Crimes Hotline
A look at a Massachusetts case in which a grand jury indicted two former executives at State Street Corp., the Boston-based financial services firm, with defrauding clients of millions of dollars on secret commissions applied to securities trades.
