Key Points -
On August 28, 2023, the SEC charged Impact Theory, LLC, a media company with an unregistered securities offering through its sale of NFTs. This marks the first time that the SEC has brought an enforcement action...more
8/30/2023
/ Corporate Counsel ,
Enforcement ,
Ethereum ,
Investment Contract ,
Investors ,
Non-Fungible Tokens (NFTs) ,
Nonprofits ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Settlement ,
Unregistered Securities
Key Points -
On March 30, 2023, OFAC announced a settlement agreement with Wells Fargo for 124 apparent violations of three different sanctions programs (Iran, Syria and Sudan), all related to a legacy Wachovia Bank...more
4/18/2023
/ Compliance ,
Corporate Counsel ,
Corporate Culture ,
Corporate Misconduct ,
Economic Sanctions ,
Enforcement Actions ,
Financial Transactions ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Sanction Violations ,
Wells Fargo
Key Points -
The DOJ recently announced several policy updates tethering resolution of criminal investigations to a company’s compensation and bonus programs.
These updates include executive compensation focused...more
Key Points -
The recent indictment and multiple regulatory enforcement actions brought against a crypto trader alleged to have committed market manipulation highlight the ongoing fractured oversight of the crypto markets...more
2/3/2023
/ CFTC ,
Corporate Counsel ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Decentralized Finance (DeFi) ,
Department of Justice (DOJ) ,
Howey ,
Popular ,
Securities and Exchange Commission (SEC) ,
Swaps ,
Wire Fraud
Key Points -
The SEC has charged App Annie, Inc. and its former CEO with violations of Section 10(b) of the Exchange Act and Rule 10b-5, which constitute the primary mechanism for enforcing insider trading violations.
This...more
• The prosecution of individuals remains a key priority for DOJ FCPA enforcement actions.
• DOJ is “busier than ever,” focused on “higher-priority,” “bread-and-butter,” and “meat-and-potatoes” cases.
• There is no...more
In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more
3/13/2018
/ Anti-Bribery ,
Bribery ,
Corporate Counsel ,
Corporate Liability ,
Criminal Convictions ,
Criminal Liability ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Jury Verdicts ,
National Crime Agency (NCA) ,
Policies and Procedures ,
Section 7 ,
Self-Reporting ,
UK ,
UK Bribery Act
On October 2, 2016, the National Security Division (NSD) of the U.S. Department of Justice (DOJ) established a formal, voluntary self-disclosure program for criminal violations of U.S. economic sanctions and export controls...more
On November 10, 2014, the Supreme Court (No. 14-389) declined to review the 3rd Circuit decision (No. 13-1237), In Re: Grand Jury Subpoena, leaving intact the 3rd Circuit’s ruling on the proper bounds of the crime-fraud...more
Companies all over the globe are increasingly aware of the record number of corporate criminal enforcement actions brought in recent years by enforcement authorities to combat corruption, and many companies now are also...more