Features
What the C-Suite Needs to Know About FCPA Prosecutions
In 2017, the Justice Department charged 20 people with FCPA violations — the second-highest single-year total since the law's passage in 1977, according to a new study by Arent Fox.
Columns & Departments
Business Crimes Hotline
Caris Healthcare Settles False Claim Act Lawsuit for Hospice Fraud
Features
Balancing Fourth Amendment Expectations in the Electronic Era
As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment's privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”
Features
The DOJ's Latest Opioid Crime-Fighting Tool: The Civil False Claims Act
<b><i>The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States' Sweeping Opioid Epidemic</b></i><p>The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.
Features
The Seizure of Attorney-Client Communications: Fighting Back
The government's seizure of attorney-client communications, a headline event when it involves the President's lawyer Michael Cohen, actually is a recurrent problem in white collar criminal investigations due to the convergence of several trends.
Columns & Departments
Business Crimes Hotline
Macau Mogul Sentenced in First U.N. Bribery Case
Features
When Is a Bid or Offer a 'Spoof'?
<b><i>U.S. Supreme Court Denial of Cert Leaves Statute Vague</i></b><p>This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.
Features
Addressing Disproportionate Forfeitures: Refining the <i>Bajakajian</i> Analysis
<b><i>Part Two of a Two-Part Article</b></i><p>In Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — <i>United States v. Bajakajian</i> — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.
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