We found 1,351 results for "Business Crimes Bulletin"...
Loud and Clear: FinCEN Demands a Culture of Compliance
October 02, 2014
The onslaught of civil and criminal enforcement actions against financial institutions for violating anti-money laundering and counter-terrorist financing laws has continued its brisk pace in the past few months, with enforcement of the AML provisions of the Bank Secrecy Act and the sanctions regulations administered by the Office of Foreign Assets Control showing no signs of slowing down.
Bank Secrecy Act
October 02, 2014
When companies, especially financial institutions, and not individuals are charged with serious offenses, criticism is now common. Yet such criticism may be particularly unwarranted in the high-profile BSA prosecutions of recent years, where criminal liability rests on an institutional failure to maintain appropriate systems and controls.
The Settlement Privilege and the Threat of Legal Action
October 02, 2014
Aggressive advocacy can often cross the line from legitimate negotiation tactics to extortion. It is laudable to encourage good-faith efforts to settle legitimate claims; however, this policy cannot and should not be used to undermine a defendant's ability to present civilly evidence demonstrating a criminally extortionate demand.
In the Courts
September 02, 2014
Analysis of a recent situation in which a Supreme Court Review Was Sought in an FCPA instrumentality case
Supreme Court's <i>Troice</i> Has Important Risk Management Implications
September 02, 2014
On Feb. 26, the U.S. Supreme Court decided <I>Chadbourne & Parke v.Troice</I>, holding that SLUSA does not preclude state law class actions where the plaintiffs allege that they purchased uncovered securities that the defendants said were backed by securities listed on a national exchange ' a misrepresentation.
The Settlement Privilege and the Threat of Legal Action
September 02, 2014
Part One of this article considers the issue of when a threat to litigate encased by a settlement demand raises the specter of extortion, and the extent to which a potentially extortionate settlement communication should be outside the scope of the privilege.
Gratuities and Honest Services Fraud
September 02, 2014
As noted in Part One of this article, in <I>Skilling v. United States</I>, the U.S. Supreme Court limited the scope of the honest services fraud statute 18 U.S.C. ' 1346) to "bribery and kickback" schemes, yet did not define what a "bribery" or "kickback" scheme must entail. So the question becomes this: Must a "bribe or kickback" involve a <I>quid pro quo</I>?
<b><i>Online Extra</b></i> Facing a Breach, UPS Delivers Smart Cybersecurity Moves
August 28, 2014
United Parcel Service Inc. announced on Aug. 22 that it had suffered a data breach exposing customer information, but the unusual part of the news was that it caught and held the breach to just 1 percent of its stores nationwide, affecting about 105,000 customers.
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- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›