LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
The SEC has pursued FCPA enforcement actions against companies that make contributions to charities to curry favor with foreign officials, who oversee awards of government contracts and "hint" that a contribution to such a worthy organization would be welcome.
LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
When it comes to significant chunks of the white-collar criminal and regulatory landscape, practitioners often are forced to provide advice based on professional lore derived from negotiated settlements rather than enacted laws or judicially established case law.
In the Courts
In a recent decision, the U.S. Court of Appeals for the Fourth Circuit confirmed the wide discretion federal prosecutors have to introduce evidence of a criminal defendant's scheme to defraud.
Keeping Government Environmental Investigations Civil
The threat of criminal environmental prosecutions is real. Most federal and state environmental statutes provide for criminal prosecution in appropriate circumstances, often for knowing violations of environmental law, but sometimes even on a negligence or strict liability basis. Here's what you need to know.
Crackdown on Offshore Tax Evasion Not Slowing Down
The Department of Justice (DOJ) Tax Division and the Internal Revenue Service (IRS) have been ramping up an intense crackdown on offshore tax evasion, and the IRS's reduced resources due to new budget cuts is having no effect on IRS enforcement initiatives in this area.
Business Crimes Hotline
Banks are the target of prosecution, both in Connecticut and in Washington, DC. A look at two separate cases.
Business Crimes Hotline
CONNECTICUTAttorney Sentenced in Mortgage Fraud SchemeA West Hartford, CT, lawyer who took part in a $3.5 million mortgage fraud scheme has been sentenced…
Navigating the Minefield of U.S. Export Control
While the export control regulatory framework can present a dizzying array of requirements for exporters, companies also risk being held responsible for the activities of others, including those abroad who trans-ship their products to destinations embargoed by the United States, or in violation of U.S. licensing or regulatory requirements.
In the Courts
In-depth analysis of a recent case in which the government paid $45M to Northrop to settle trade secrets litigation.
When Licensed Professionals Commit Insurance Fraud
Insurance fraud is committed not only by people who set fire to their homes for the insurance money or who lie about "missing" property that was in their "stolen" cars. Doctors and lawyers also commit insurance fraud. They risk the usual penalties, including potential jail time, as well as the loss of their ability to practice their profession.
