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Features

The Clock Is Ticking Image

The Clock Is Ticking

Jonathan B. New & Marco Molina

In the aftermath of the financial crisis, government regulatory agencies, such as the SEC, have aggressively pursued civil enforcement actions to combat financial fraud. However, their efforts to extend their ability to seek monetary penalties and fines outside of relevant limitations periods have been recently rebuffed by the courts.

Features

The Battle over the Scope of Rule 17(c) Subpoenas Image

The Battle over the Scope of Rule 17(c) Subpoenas

Jodi Misher Peikin & Curtis B. Leitner

Before considering the competing, less restrictive, interpretation of Rule 17(c), we briefly pause to explain how we got here. The restrictive interpretation of Rule 17(c) has its genesis in two Supreme Court decisions.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ljnstaff & Law Journal Newsletters

Update on the DOJ's collection of billions in enforcement actions from Volkswagen and Rolls Royce.

Features

Third-Party Money Launderers Image

Third-Party Money Launderers

Justin du Rivage

Each year, the U.S. government secures more than 1,200 money-laundering convictions. Now, the Federal Bureau of Investigation (FBI), at least, is setting its sights with renewed vigor on those who help criminal organizations and terrorists conceal billions in illicit funds.

Features

Criminal Immigration Enforcement vs. Employers: Will It Be the New Normal? Image

Criminal Immigration Enforcement vs. Employers: Will It Be the New Normal?

Jacqueline C. Wolff

Increased enforcement of the immigration laws that impact on the hiring of employees is on the horizon.

Features

The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font> Image

The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font>

Stanley S. Arkin & Robert C. Angelillo

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 authors conclude their analysis herein.

Features

The Battle over the Scope of Rule 17(c) Subpoenas<br><font size="-1"><b><i>Part One of a Two-Part Article</b></i></font> Image

The Battle over the Scope of Rule 17(c) Subpoenas<br><font size="-1"><b><i>Part One of a Two-Part Article</b></i></font>

Jodi Misher Peikin & Curtis B. Leitner

White-collar prosecutions often turn on the paper trail. But the playing field is not level — not even close.

Features

The Continuing Evolution of the False Claims Act Image

The Continuing Evolution of the False Claims Act

Jonathan S. Feld, Jason M. Ross & Christina C. Brunty

The number of lawsuits brought under the False Claims Act (FCA) continues to increase. In 2015 alone, relators filed over 600 qui tam complaints — and courts awarded over $3.5 billion — under the FCA.

Features

Corporate Guilt and Individual Innocence in Financial Fraud Image

Corporate Guilt and Individual Innocence in Financial Fraud

Robert J. Anello & Kostya Lantsman

Comparing the success of the Department of Justice (DOJ) in extracting guilty pleas from companies for violations of the Foreign Corrupt Practices Act (FCPA) with the DOJ's notable trial failures in FCPA matters brought against individuals is particularly instructive when we are discussing individual versus corporate criminal accountability, as we did in the first part of this article.<br><i><b>Part Two of a Two-Part Article</b></i>

Features

Talk Is Cheap: The Misuse of 'Speaking' Indictments Image

Talk Is Cheap: The Misuse of 'Speaking' Indictments

Ronald H. Levine

In white collar fraud, public corruption and other high-profile cases, DOJ prosecutors sometimes go well beyond the“notice” principle and draft thick indictments laying out in conclusory language the regulatory schema surrounding the challenged conduct; public policy rationales for the laws and regulation said to be violated; alleged motives of defendants; and the government's inferences from alleged facts (“connecting the dots”) — all under section headings or captions advocating the government's view.

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