Searches Without Frontiers
September 02, 2015
The first half of 2015 has seen vigorous debate over U.S. law enforcement's authority to seize data evidence stored overseas. MLATs are agreements between two or more countries that facilitate cross-governmental collaboration in criminal investigations and prosecutions. But the MLAT process is complicated, time-consuming and ill-equipped to handle 21st-century data storage and privacy issues.
Business Crimes Hotline
September 02, 2015
On Aug. 6, 2015, three additional Swiss banks reached agreements through the DOJ Swiss Bank Program, first announced in 2013.
Behind the SEC's Recent Crackdown on Compliance Officials
September 02, 2015
On June 18, 2015, SEC Commissioner Daniel Gallagher wrote in a statement placed on the SEC website that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firms' compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
In the Courts
September 02, 2015
In July, the Seventh Circuit upheld the district court's sentence of probation and a civil fine ' with no jail time ' for willful tax evasion, despite the recommendation of imprisonment pursuant to the Sentencing Guidelines. An analysis of <I>U.S. v. Warner.</I>
FATCA's Due Diligence Expansion
September 02, 2015
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
In the Courts
August 02, 2015
Analysis of a ruling in which the judge ordered a $2.9 Million payment to a company to offset embezzlement.
Business Crimes Hotline
August 02, 2015
A look at a case in which, following his earlier guilty plea to a single count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), former PetroTiger CEO Joseph Sigelman was sentenced to a three-year term of probation.
Can Cooperation Expose a Company to a Defamation Claim?
August 02, 2015
A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the DOJ, the SEC and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.
Understanding and Avoiding Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. Herein is a discussion of the report.
LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
August 02, 2015
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.
