Columns & Departments
In the Courts
Sentencing for Two Bankers in Zürcher Kantonalbank of Switzerland Case
Features
Conducting Due Diligence Today
There is no one-size-fits-all approach to due diligence, but some methods are significantly cheaper and more aligned to the business than others.
Features
Robbing a Locked Bank Vault from Home: Legal Issues Raised by Cryptocurrency Frauds
Cryptocurrency theft remains a major concern for traders and investors given that billions of dollars of cryptocurrency are stolen every year. These cutting-edge problems intersect in interesting ways with companies' existing fraud and anti-money laundering concerns, but it all starts with the cryptocurrency "wallet."
Features
The Supreme Court's Criminal Law Decisions in 2018
<b><i>Part Two of a Two-Part Article</b></i><p>The U.S. Supreme Court last year continued to express concern about government overreach, and otherwise handed down decisions favorable to defendants. Although the Court rendered only one major criminal law decision in that term, many other cases it decided hold important lessons for defense counsel.
Columns & Departments
Case Note
'Clerical Error' Must Be Altered to Reflect the Plea, Not the Indictment
Columns & Departments
Business Crimes Hotline
New Department of Justice Guidance for Compliance Monitorships
Features
Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act
In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,
Features
The Supreme Court's Criminal Law Decisions in 2018
<b><i>Part One of a Two-Part Article</b></i><p>The United States Supreme Court's October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — <i>Carpenter v. United States</i> — but there were several decisions that defense counsel would do well to study.
Features
Get It in Writing: Deducting False Claims Act Payments
In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.
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