Mondaq USA: Criminal Law
Cadwalader, Wickersham & Taft LLP
In an amicus brief filed with the U.S. Supreme Court in Michael Coscia v. United States, two law professors, Ronald Filler and Jerry Markham, argue that the government's criminal prosecution of Mr. Coscia ...
Holland & Knight
Companies that receive or enter into contracts on projects financed by loans from multilateral development banks, such as the World Bank, and engage in corrupt practices face the risk of...
Cadwalader, Wickersham & Taft LLP
The International Organization of Securities Commissions ("IOSCO") published a report on senior financial fraud.
Foley Hoag LLP
Earlier this year, the Department of Justice, Civil Division, issued two policy memos that will directly affect its civil enforcement priorities, particularly with regard to healthcare and life sciences companies.
Fenwick & West LLP
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing.
Kramer Levin Naftalis & Frankel LLP
On March 1, 2018, John P. Cronan, the acting head of the Department of Justice's Criminal Division, and Benjamin Singer, Chief of the Fraud Section's Securities and Financial Fraud Unit ...
2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ)...
Cadwalader, Wickersham & Taft LLP
The U.S. District Court for the Eastern District of New York held that virtual currency is a "commodity" within the meaning of the CEA.
King & Spalding LLP
The Department of Justice recently issued an internal guidance memo to DOJ attorneys regarding the dismissal of meritless False Claims Act (FCA) cases.
Akin Gump Strauss Hauer & Feld LLP
On February 26, 2018, Teradata Corporation, an Ohio-based enterprise software database management company, announced in its 10K filing that the SEC and DOJ had both declined...
Schnader Harrison Segal & Lewis LLP
Last November, Deputy Attorney General Rod Rosenstein announced a new enforcement policy. Under the new policy, businesses subject to the FCPA may avoid criminal liability by self-reporting wrongdoing, ...
Day Pitney LLP
Attorney General Jeff Sessions ordered the creation of a Cyber-Digital Task Force to "canvass the many ways the Department is combatting the global cyber threat" and to ...
Ropes & Gray LLP
In March 2017, the U.S. Department of Justice extended the 2016 Foreign Corrupt Practices Act pilot program, pending a review of its "utility and efficacy.1
McDermott Will & Emery
Earlier this week, the US Department of Justice (DOJ) launched a new front in its effort to combat the opioid crisis and explicitly stated that it will deploy the False Claims Act (FCA)...
Holland & Knight
In United States ex rel. Crockett v. Complete Fitness Rehabilitation, Inc., No. 16-2544, 2018 WL 327453 (6th Cir. Jan. 9, 2018), the court of appeals affirmed the dismissal of FCA claims...
Holland & Knight
The U.S. Department of Justice (DOJ) has recently issued two memos requiring closer scrutiny of borderline FCA suits by DOJ attorneys. In some instances, DOJ may even ask that such suits be thrown out.
Kramer Levin Naftalis & Frankel LLP
The SEC will discuss regulatory approaches to combat retail investor fraud at the March 8 meeting of its Investor Advisory Committee.
Shearman & Sterling LLP
On January 24, 2018, the CFTC announced the filing of an enforcement action charging Nevada-based firm My Big Coin Pay, Inc. and its founders with operating a scheme ...
Frankfurt Kurnit Klein & Selz
Over 1 million of those complaints involved fraud.
Morrison & Foerster LLP
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources.
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Foley & Lardner
In a January 10, 2018 memo that leaked last week (the "Granston Memo"), the U.S. Department of Justice ("DOJ") directs its prosecutors to more seriously consider dismissing meritless False Claims Act ...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Third Circuit's ruling is a welcome result, especially for employers who deal with the federal government and may, therefore, be exposed to FCA retaliation claims.
Jones Day
In response to fallout from the Odebrecht scandal, which began in Brazil in 2014 and swept through Latin America, and aided by shifting political winds ...
Holland & Knight
While financial recoveries under the federal False Claims Act (FCA) continued at a fast pace last year, the U.S. Department of Justice (DOJ) started 2018 ...
Carlton Fields
Federal environmental crimes cases can appear similar to other types of criminal or environmental cases because they comprise a hybrid of criminal prosecutions and environmental enforcement actions.
Cadwalader, Wickersham & Taft LLP
When a complex transaction directed by a CEO or CFO is later deemed criminal and the executive is charged, what exposure could outside counsel face ...
In its June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), the Supreme Court held that implied certification claims are viable under the FCA...
Cadwalader, Wickersham & Taft LLP
An accounting firm agreed to pay nearly $150 million to the U.S. government to settle potential liability related to the audits of a failed mortgage lender.
Morrison & Foerster LLP
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month...
Seyfarth Shaw LLP
Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law.
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