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Grand Jury Indicts Swiss Lawyer and Banker in Tax Evasion Scheme

A New York federal grand jury recently indicted a Swiss lawyer and bank executive for their roles in allegedly assisting US citizens with hiding assets in Swiss bank accounts, allowing the US citizens to evade income taxes....more

5/1/2013 - Foreign Banks Grand Juries Tax Evasion Tax Fraud

SDNY Imposes Second Highest Penalty Under Foreign Corrupt Practices Act

The US District Court for the Southern District of New York recently ordered Uriel Sharef, a former Siemens AG board member and German citizen accused of bribing Argentine government officials, to pay a $275,000 civil penalty...more

4/30/2013 - Bribery Civil Monetary Penalty FCPA Penalties SEC Settlement

Court Rejects "Core Operations" Theory of Scienter in Battery Manufacturer Fraud Case

The District Court of Massachusetts dismissed Section 10(b)(5) claims against executives of a battery systems company, holding that plaintiffs could not rely on the theory that knowledge of the falsity of the statements at...more

3/27/2013 - Core Operations Doctrine Corporate Officials Fraud Manufacturers Scienter

SEC Oversight of FINRA Exempt from FOIA Request

The District Court for the District of Columbia has held that the Securities and Exchange Commission is exempt from producing documents relating to its audit, inspections, and review of the Financial Industry Regulatory...more

3/27/2013 - Audits Document Productions FINRA FOIA SEC

SDNY Favors the SEC in Foreign Corrupt Practices Act Action Involving Novel Issues of Statutory Interpretation

In a case addressing an issue of first impression involving the Foreign Corrupt Practices Act (FCPA), the US District Court for the Southern District of New York adopted an expansive interpretation of the statute’s interstate...more

2/26/2013 - Bribery Email FCPA Foreign Nationals Interstate Commerce SEC SEC v Straub Statute of Limitations Tolling

SDNY Finds Lack of Personal Jurisdiction in Foreign Corrupt Practices Act Claim

The US District Court for the Southern District of New York recently addressed whether the Foreign Corrupt Practices Act (FCPA) could reach a foreign executive of a non-US company. In contrast to the Straub case (see “SDNY...more

2/26/2013 - FCPA Foreign Defendants Personal Jurisdiction SEC SEC v Sharef Siemens

Second Circuit Denies Investor's Second Appeal for New Trial

Frederic Bourke Jr. (Bourke) recently lost a second appeal stemming from his 2009 conviction for violating the Foreign Corrupt Practices Act (FCPA). That conviction arose out of Bourke’s investment in a venture that sought a...more

12/6/2012 - FCPA

SEC Whistleblower Report Highlights New Program's Activity and Success

On November 15, the Securities and Exchange Commission released its Annual Report on the Dodd-Frank Whistleblower Program (DFWP), which is required by the Dodd-Frank Wall Street Reform and Consumer Protection Act....more

12/6/2012 - Dodd-Frank SEC Whistleblowers

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