Anticorruption Enforcement in Brazil
Brazil's push to fight corruption has been steadily gaining steam over the last year, as the wide-ranging Petrobras scandal has continued. Now the Petrobras scandal may become increasingly multinational as prosecutors have announced a U.S. 'connection that could make the DOJ and SEC active 'participants.
Lessons from the $148M Fraud by Dole's GC and CEO
The Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and COO and General Counsel C. Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company's 2013 take-private deal. The Aug. 27 decision is one of the largest awards ever to shareholders in a deal-related lawsuit.
In the Courts
Analysis of a recent ruling in which the United States District Court for the Eastern 'District of New York issued an opinion in support of the sentencing of Ion Catalin Vrancea, who was convicted on multiple counts in 'November 2013.
Cracking the FCPA Code: Interpreting Recent DOJ and SEC Enforcement and Messaging
Notwithstanding expectations of a shift in government enforcement priorities, after more than a decade, FCPA enforcement still shows no signs of slowing down. Indeed, the last two years each welcomed two new members to the list of 10 largest corporate enforcement matters: Total and Weatherford in 2013, and Alstom and Alcoa in 2014.
Business Crimes Hotline
Following a decade-long, multi-million dollar bribery scheme, and four years after he was first indicted, former chief financial officer of Siemens S.A. ' Argentina, Andres Truppel, pleaded guilty in a New York federal courtroom to one count of conspiracy to commit bribery, falsify corporate books and records, circumvent internal controls, and commit fraud.
The Art of Cyberwarfare
Cybersecurity is at a crossroads. No longer resigned to the confines of server rooms overseen by information technology, decisions regarding the protection of data have been forced into the boardroom by events that include breaches at main street businesses and revelations of clandestine government hacking activities.
Upsetting the Apple Cart?
Observers of federal compliance monitors are accustomed to seeing them appointed after negotiation, commonly by deferred prosecution agreements (DPAs) in criminal matters or by consent decrees in civil matters. The monitorship in the Apple e-books antitrust case is a notable exception. This article discusses the proceedings.
FATCA's Due Diligence Expansion
Last month, we discussed the fact that although Congress' purpose and intent in passing 2010's Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant. The article concludes herein.
