LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
July 02, 2015
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
July 02, 2015
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
July 02, 2015
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
July 02, 2015
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
July 02, 2015
Banks are the target of prosecution, both in Connecticut and in Washington, DC. A look at two separate cases.
Business Crimes Hotline
June 02, 2015
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
June 02, 2015
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
June 02, 2015
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
June 02, 2015
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.
The Greatest Article Ever Written on Puffery!
June 02, 2015
What might ordinarily be run-of-the-mill puffery can be transmogrified into large scale liability for a company where the company representative knows what he or she says is not reasonably supportable. A look at some recent cases.