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Imagine you are the general counsel of a company that maintains warehouses across the country with thousands of employees and you have heard that the government is visiting warehouses like your company’s to check the employment authorization of employees and potentially seeking to detain anyone the government believes may be undocumented. It is critical that you remain informed and ready to face increased scrutiny of your employees’ immigration status at your places of business.
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While the enforcement landscape continues to evolve, companies should continue to maintain effective compliance programs and fully remediate any issues that arise.
Features
The harboring provision of the Immigration and Nationality Act criminalizes the act of “concealing, harboring, or shielding from detection” any alien who is unlawfully present in the United States. This article examines a few federal cases to illustrate the doctrinal contours of harboring — drawing a clear distinction between active concealment and passive accommodation.
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The contrast between the Trump Administration’s ostentatious embrace of cryptocurrency and the prior administration’s chilly skepticism has led some to suggest that the multi-billion-dollar industry is at the dawn of an enforcement-devoid free for all. A more recent, lower key announcement, however, indicates that enforcement still has a pulse.
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The first months of the Trump administration have undeniably brought change to the white collar enforcement space. On Feb. 10, President Donald Trump issued an executive order directing Attorney General Pam Bondi to pause all existing cases brought under the Foreign Corrupt Practices Act. Since then, the administration has signaled a withdrawal. This change in climate has not gone unnoticed by defense counsel.
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When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
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As the first months of the new administration have demonstrated, President Trump fully intends to deliver on the campaign promise to “restart workplace enforcement.” Employers should prepare now to confirm their employees are authorized to work and have robust compliance policies and procedures in place should ICE come knocking.
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The internet is generally viewed as inherently interstate in nature, but courts have reached different conclusions as to whether use of the internet by itself satisfies the “interstate commerce” requirement in criminal statutes, or something more is needed.
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Understanding the types of challenges shareholders are bringing against AI-affiliated companies is critical to effectively evaluating proposed disclosures and addressing potential areas of exposure.
Features
The Trump administration’s shift in enforcement policy away from foreign corruption and towards the fight against Transnational Criminal Organizations (TCOs) such as drug cartels, may reduce the immediate risk to global businesses of an FCPA prosecution based on alleged extortion payments. However, the same shift raises new threats to those businesses under statutes that prohibit engagement of any kind with terrorist organizations, do not recognize an extortion defense, and may give rise to civil as well as criminal liability.