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Editor’s Note: Last month, the authors began a discussion of the legal consequences of the release of the so-called “Panama Papers,” a trove of more than 11.5 million documents a whistleblower gave to a reporter at the German newspaper Süddeutsche Zeitung (SZ) in Spring 2016. The documents detail how certain wealthy people — including foreign government leaders — hid assets in offsore entities created by Panamanian law firm Mossack Fonesca for clients allegedly seeking to avoid taxation in their home countries. Since the release of the Panama Papers, several consequences have ensued, including, as discussed last month, 1) the public disgrace and resignation of foreign public officials and 2) the commencement of tax avoidance investigations. Additionally, the U.S. Attorney for the Southern District of New York has opened an investigation into the finances of the reported 240 U.S. citizens identified in some way with the firm and its scheme. The subject of this inquiry has not been fully disclosed, but it may be that tax avoidance is just one of the subjects the government is interested in investigating. The authors conclude their analysis of the fallout accompanying the release of the Panama Papers herein.
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By Ross Benson and Robert N. Driscoll
Given the rapid expansion of interest and participation in cryptocurrency transactions, it’s not a matter of whether you have an interest in crypto, think it’s all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.
By Jacqueline C. Wolff and Michael Herrmann
The prevalent view is that telehealth will remain an integral part of our healthcare system post-PHE and may even continue to expand. And that means criminal and civil enforcement focused on fraud committed using, or furthered by the use of, telehealth will be expanding as well, particularly when one looks at the dollars that a regulator can bring in for fraud or noncompliance.
By Carolyn H. Kendall and Abraham J. Rein
Hillary Clinton's 2015 statement about the possibility of incarceration for employment-related failures was, to many, an alarming prospect. Since that time, this movement has grown, and has recently gained momentum. Today, prosecutors across the country increasingly seek criminal fines and jail time for what were previously seen as non-criminal labor violations.
By Elkan Abramowitz and Jonathan S. Sack
This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions.