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.
In the Courts
October 02, 2014
An in-depth discussion of a Chinese counterfeiting case.
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>?
Gratuities and Honest Services Fraud
August 02, 2014
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. But those terms are not self-defining, and the Court did not define them.
