This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Over nearly eight years as U.S. Attorney for the Southern District of New York, Preet Bharara became recognized as a powerful prosecutor in many areas, including government corruption and white-collar crime. Another subject for which he certainly deserves mention is his strong record helping to fight insurance fraud in New York.
Recently, the Ninth Circuit set aside the convictions of Walter Liew, a Chinese-American engineer, for witness tampering and making false statements to the court. Here's an in-depth look at the case.
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
Judge Rules Wal-Mart In-House Investigator's Findings Not Privileged On May 5, Judge Susan O. Hickey of the Western District of Arkansas granted investors'…
NORTH CAROLINANine Individuals Now Indicted for $2.5 Million Investment Fraud SchemeOn April 27, a Western District of North Carolina grand jury…
What Federal Appellate Courts Agree Upon with Regard to the CFAA
Under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, which was originally enacted in 1984 to address "computer crime," the success of CFAA claims can sometimes ride on whether "authorization" connotes restrictions only on the access to information, and not restrictions on its use. This article focuses on what federal appellate courts agree upon with regard to the text of the CFAA.
Discussion of a ruling in which the Third Circuit Third affirmed the conviction and 42-month sentence of a man convicted in a PA bribery case.
Analysis of a major penalty against a Chinese telecom company.
Regulators and law enforcement are taking proactive steps to further leverage anti–money-laundering monitoring and reporting tools in their battle with cyber attacks and cyber crimes. In-house legal and compliance teams need to be fully versed in the latest FinCEN and bank regulatory guidance on cyber-related crimes and have the right professionals available to assist them with these matters.
