Sigal Mandelker

Sigal Mandelker

Proskauer Rose LLP

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10 Takeaways from Deputy Attorney General Sally Q. Yates’ Remarks at the 2016 New York City Bar Association White Collar Crime...

This week, Deputy Attorney General Sally Q. Yates delivered remarks at the New York City Bar Association reflecting on the eight months since the release of the “Yates Memo,” or as Deputy AG Yates prefers, the “Individual...more

5/13/2016 - Attorney-Client Privilege Corporate Crimes DOJ Individual Accountability Personal Liability White Collar Crimes Yates Memorandum

Second Circuit To Determine Whether Artful Pleading Can Extend FCPA Jurisdiction

Prosecutors in the District of Connecticut have appealed a district court’s ruling that conspiracy and aiding and abetting charges cannot be used to extend the FCPA’s jurisdictional reach. The FCPA has three...more

4/25/2016 - Aiding and Abetting Alstom Congressional Intent Corporate Counsel Criminal Conspiracy DOJ Extraterritoriality Rules FCPA FCPA Resource Guide Foreign Nationals Jurisdiction

Criminal Division Launches New FCPA Pilot Program

On April 5, 2016, the Department of Justice upped the ante in its efforts to encourage companies to self-report potential Foreign Corrupt Practices Act (“FCPA”) violations when it unveiled a one-year pilot program that...more

4/7/2016 - Compliance Cooperation Corporate Misconduct Corruption Criminal Prosecution DOJ FCPA Federal Pilot Programs Federal Sentencing Guidelines Individual Accountability Remediation Self-Disclosure Requirements White Collar Crimes

Justice Department Prioritizes Prosecution of Individuals for Corporate Misconduct in New Guidance

After prolonged criticism over its lack of prosecution of individuals responsible for corporate misconduct, the Justice Department has issued new internal guidance that makes clear that prosecuting individuals in white collar...more

9/14/2015 - C-Suite Executives Compliance Cooperation Corporate Veil Criminal Prosecution DOJ Enforcement Guidance Individual Accountability Investigations New Guidance Personal Liability Policy Statement Professional Misconduct Statute of Limitations White Collar Crimes

Louis Berger International Pays $17 Million Penalty for FCPA Violation

On July 17, 2015, Louis Berger International, Inc., a New Jersey-based construction management company, entered into a deferred prosecution agreement (DPA) with the Department of Justice under which it agreed to pay a $17.1...more

7/20/2015 - Bribery Compliance Construction Contracts Cooperation Corporate Counsel Deferred Prosecution Agreements DOJ Due Diligence FCPA Guilty Pleas India Indonesia Internal Controls Kuwait Penalties Popular Third-Party Agents Vietnam

DOJ Breaks its Silence in 2015 FCPA Enforcement

Last week, the DOJ announced its first corporate enforcement action under the Foreign Corrupt Practice Act (“FCPA”) for 2015. IAP World Services, Inc., a Florida-based defense and government contractor, agreed to pay $7.1...more

6/29/2015 - Chief Compliance Officers Compliance Defense Sector DOJ Enforcement Actions FCPA Federal Contractors Non-Prosecution Agreements

Texas Supreme Court: Companies Shielded from Defamation Claims for Statements in Internal Investigation Reports

Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing...more

5/25/2015 - Absolute Privilege Defamation DOJ Enforcement FCPA Hiring & Firing Internal Investigations Qualified Privilege Shell Oil Termination Wrongful Termination

Head Of Criminal Division Speaks On Corporate Cooperation

Leslie Caldwell, head of the Justice Department’s Criminal Division, is, in her own words, “pounding the pavement on cooperation and transparency.” Speaking on Tuesday at the New York City Bar’s fourth annual White Collar...more

5/18/2015 - Cooperation DOJ Government Investigations

Second Circuit Denies DOJ’s Request for En Banc Review of Newman; Leaves Landmark Insider Trading Decision in Place

The Second Circuit today denied the request by the U.S. Attorney’s office for the Southern District of New York for panel or en banc rehearing of the landmark U.S. v. Newman decision, which overturned insider-trading...more

4/6/2015 - DOJ Fund Managers Hedge Funds Illegal Tipping Insider Trading Personal Benefit Petition For Rehearing US v Newman

New DOJ Policy on Asset Forfeiture in Structuring Offenses

In an effort to lessen the risk that businesses and individuals performing legitimate financial transactions will have funds frozen through a prosecutor’s use of forfeiture laws, on March 31, Attorney General Eric Holder...more

4/6/2015 - DOJ Eric Holder Forfeiture Frozen Assets New Guidance

Department Of Justice Emphasizes Expectation That Corporations Cooperate In The Prosecution Of Company Executives

The Justice Department continues to send the strong signal that it is looking to charge senior executives of companies. At a conference this week in London, senior Justice Department official Deputy Assistant Attorney General...more

1/23/2015 - C-Suite Executives Criminal Prosecution DOJ

DOJ Announces First FCPA Enforcement Action of 2015

Last week, the Department of Justice announced the first Foreign Corrupt Practices Act enforcement action of 2015, against Dmitrij Harder, the former owner and president of the Chestnut Consulting Group. The allegations are...more

1/13/2015 - Banking Sector Bribery Corporate Counsel DOJ Enforcement Actions EU FCPA Oil & Gas Project Finance

DOJ Releases Second FCPA Opinion of 2014

The U.S. Department of Justice recently publicized its second Foreign Corrupt Practices Act Opinion Procedure Release of 2014. In the Release, the DOJ reiterated that an acquiring company may not inherit FCPA liability when...more

12/5/2014 - Acquisitions Anti-Corruption DOJ Due Diligence FCPA Mergers Successor Liability

DOJ Announces Record Year of Over $5 billion in False Claims Act Recoveries

2014 was a banner year for federal recoveries under the False Claims Act (“FCA”). In a press release dated November 20, 2014, the DOJ announced that its total recoveries – including those from both settlements and judgments –...more

11/26/2014 - Affordable Care Act DOJ False Claims Act (FCA) Mortgage Fraud Qui Tam

DOJ Recovers Up To $48 Million in False Claim Act Case Resulting From Whistleblower Report

In yet another large recovery for the DOJ, on December 6, 2012, DFB Pharmaceuticals, and its subsidiary, Healthpoint Ltd., agreed as part of a settlement to pay up to $48 million to resolve allegations that Healthpoint caused...more

1/24/2013 - DOJ False Claims Act (FCA) Medicaid Medicare Pharmaceutical Industry Qui Tam Whistleblowers

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