Features
Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments
In <i>Stoebner v. Opportunity Finance, LLC</i>, the U.S. Court of Appeals for the Eighth Circuit held that “… Ponzi scheme payments to satisfy legitimate antecedent debts to defendant banks could not be avoided” by a bankruptcy trustee “absent transaction-specific proof of actual intent to defraud or the statutory elements of constructive fraud — transfer by an insolvent debtor who did not receive reasonably equivalent value in exchange.”
Features
Mystery Subpoena Case at High Court Could Expand U.S. Authority
Rare Supreme Court holiday activity and ongoing news coverage about special counsel Robert Mueller's investigation has drawn much attention to the enigmatic case of <i>In Re Grand Jury Subpoena</i>. The matter is unremarkable, presenting familiar issues of international litigation. Upon further examination, however, the case may have the potential to expand the authority of United States courts over foreign states and their agencies or instrumentalities.
Columns & Departments
In the Courts
New Charges in Insurance Corporation of Barbados Limited Bribery Case
Columns & Departments
Business Crimes Hotline
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
Columns & Departments
Business Crimes Hotline
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
Features
Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy
Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are "partners, not adversaries." DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.
Features
Sticking a Hand in the Internet Cookie Jar
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…
Features
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
Columns & Departments
Business Crimes Hotline
Head of International NGO Convicted of Bribery, Money Laundering Crimes
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Law Firm Real Estate Strategy: Attorney Offices Are Out, Conference Rooms Are InLaw firms are navigating a paradigm shift in how they approach office space. With the rise of flexible workplaces, firms are finding that when their attorneys do come into the office, the main goal is to connect and collaborate with peers — and this shift has transformed how law firms address their real estate needs.Read More ›
