White Collar Crime

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.

Attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) “Yates Memorandum.”

On July 18, 2016, Mexico published a comprehensive body of new anti-corruption legislation implementing its 2015 Constitutional reform on this area of the law. The new legislation has received significant attention, and for good reason. However, it has long been plagued with a reputation for corruption, both at the federal and local levels.

The International Organization for Standardization (ISO) introduced a new standard for anti-bribery compliance, known as “ISO 37001,” in September. This represents a significant step toward the continued development and standardization of international anti-bribery compliance. By the end of the year, companies can obtain an independent certification from a third-party auditor, attesting to the fact that their internal compliance programs conform to ISO 37001 requirements. So is it worth your time? It depends.