Trade-based money laundering (TBML) describes a set of techniques through which drug traffickers, terrorists and other criminals use the veneer of trade to move illicit funds across borders while disguising the origin and...more
10/16/2023
/ Anti-Money Laundering ,
BSA/AML ,
Criminal Conspiracy ,
Criminal Prosecution ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Drug Trafficking ,
Enforcement Actions ,
FinCEN ,
Indictments ,
International Trade ,
Law Enforcement ,
Money Laundering ,
Popular ,
re Grand Jury ,
Supply Chain ,
Terrorism Funding ,
Trade-Based Money Laundering
Companies that self-disclose, cooperate, and remediate could benefit from significantly reduced fines and possible declinations even in cases with aggravating factors.
In a speech at Georgetown University Law Center on...more
2/7/2023
/ Bribery ,
Chief Compliance Officers ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Corruption ,
Declination ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
Updated DOJ policies will continue to focus on individual accountability and corporate recidivism, while aiming to provide additional incentives for voluntary self-reporting, foster greater transparency on use of monitors,...more
9/28/2022
/ Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Corporate Officers ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
New Guidance ,
Personal Liability ,
Voluntary Disclosure
今回の米国司法省の政策変更において、司法省は個人の責任に一層の重点を置き、また企業の過去の違法行為に対しては包括的な評価を行い、さらに企業との司法解決に対してはより厳格な対応をすることとなる -
2021年10月28日、米国司法省 （United States Department of Justice、以下「DOJ」）...more
11/30/2021
/ Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement ,
Government Investigations ,
Internal Revenue Code (IRC) ,
Japan ,
Multinationals ,
White Collar Crimes
The changes include more focus on individual accountability, more holistic evaluation of prior corporate misconduct, and stricter corporate resolutions.
On October 28, 2021, US Deputy Attorney General Lisa Monaco gave the...more
11/1/2021
/ Attorney General ,
Biden Administration ,
Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Culture ,
Corporate Misconduct ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement ,
Internal Investigations ,
Non-Prosecution Agreements ,
Policy Statement ,
White Collar Crimes
Expanded compliance obligations will have far-reaching implications for regulated financial institutions and most companies operating in the US.
On January 1, 2021, Congress overrode President Trump’s veto and enacted the...more
1/6/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Beneficial Owner ,
Congressional Override ,
Corporate Counsel ,
Financial Institutions ,
FinCEN ,
Foreign Banks ,
NDAA ,
Patriot Act ,
Presidential Veto ,
Suspicious Activity Reports (SARs) ,
Whistleblower Protection Policies
The legislation - passed via the first congressional override of the Trump presidency - extends the SEC’s ability to obtain disgorgement for violations of federal securities laws.
Key Points:
..As amended, the...more
1/4/2021
/ Congressional Override ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Liu v Securities and Exchange Commission ,
Look-Back Measurement Period ,
NDAA ,
Presidential Veto ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Statute of Limitations
Questions about the scope of the SEC’s disgorgement authority remain open, including in administrative proceedings.
Key Points:
..Since the April 2017 decision in Kokesh v. SEC, the statutory authority of the Securities...more
6/24/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
The guidance provides insights for corporations seeking to develop and implement a best-in-class compliance program.
On June 1, 2020, the US Department of Justice (DOJ) issued updated guidance (Updated Guidance) regarding...more
New enforcement advisory encourages reporting of foreign corrupt practices that the agency intends to pursue under the Commodity Exchange Act.
On March 6, 2019, the Division of Enforcement (Division) of the US Commodity...more
Ruling holds that the government cannot use conspiracy and accomplice liability theories to reach foreign nationals that lack US ties.
Key Points:
..Non-resident foreign nationals who are not otherwise subject to direct...more
Respondents in pending or future proceedings should carefully assess their options until several key legal questions are resolved.
The United States Supreme Court recently issued its ruling in Lucia v. Securities and...more
The revised FCPA Corporate Enforcement Policy signals DOJ’s emphasis on corporate voluntary self-disclosure, rewarding cooperating companies with a presumption in favor of declination and reductions in penalties.
...more
The announcement reflects the increasing cooperation between US and UK anti-corruption prosecutors, a trend with significant implications on both sides of the Atlantic.
Key Points:
..Two-year secondment marks the first...more
The Guidance parallels the DOJ approach under the FCPA, but does not specify the value of mitigation and may create contradictory incentives.
The National Security Division (NSD) of the US Department of Justice (DOJ)...more
Doug Greenburg is a partner at Latham & Watkins and a Vice Chair of the global Litigation Department. His practice focuses on internal corporate investigations, white collar criminal defense, and US Securities and Exchange...more
FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects.
On November 7, 2014, the US Department of Justice (DOJ) issued its second and final...more
Foreign Corrupt Practices Act (FCPA) enforcement continues to be a priority for the United States Department of Justice (DOJ) and Securities and Exchange Commission (SEC). In recent years, U.S. authorities have aggressively...more
6/4/2014
/ Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
Investigations ,
Remediation ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC)