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The Floodgates are Open: Second Whistleblower Award Sparks Speculation Over What's Next

Last week, the Securities and Exchange Commission (SEC) issued an order awarding three whistleblower awards to tipsters who helped the SEC with its enforcement action against Locust Offshore Management, LLC and its CEO Andrey...more

Go Directly to Jail - Directors & Unpaid Wages

The liability of officers and directors of corporations for unpaid wages to employees is not a new concept. The Employment Standards Act, 2000 (ESA) in Ontario also provides for fines that can certainly drive the intended...more

New Justice Department's FIRREA Cases Against Banks: Holding The Victim Responsible

The government’s ever-evolving response to the United States financial crisis has come full circle, as civil Justice Department Attorneys seek to rely on legislation enacted to protect financial institutions from fraud to sue...more

Part 2: Relief for Victims and Third Parties Through Asset Forfeiture

Originally published in InsideCounsel.com on August 23, 2012. How Can a Victim Obtain Relief Through Forfeiture? Forfeited property generally goes to the government to spend in whatever manner it sees fit. However...more

Part 1: Relief for Victims and Third Parties Through Asset Forfeiture

Originally published in InsideCounsel.com on August 9, 2012. As the recent economic crisis has shown, individuals are not the only victims of financial crimes. Corporations, hedge funds, private equity companies, pension...more

Washington’s Increased Counterfeiting Prosecutions May Signal It’s Time to Reconsider Your Company’s IP Enforcement Strategy

Originally published in InsideCounsel.com on July 25, 2012. Introduction - Intellectual property crimes are on the rise because they are highly lucrative and historically there has been little criminal enforcement...more

InfoBytes Special Alert: DOJ Increasingly Pursuing Both Monetary and Non-Monetary Relief in Civil Enforcement Actions

Last month, in a potentially significant but largely overlooked development, the Department of Justice ("DOJ") signaled that it would "increasingly" pursue "innovative, non-monetary measures" when it settles civil fraud...more

When Can Private Security Stop and Detain?

Today we begin a new feature for Appellate Strategist -- detailed previews of civil cases just granted review in the latest term of the Illinois Supreme Court. This week we will review the late May grants, and the feature...more

Pennsylvania Court Considers Coverage for Gerry Sandusky Under D&O Policy

In its recent decision in Federal Ins. Co. v. Sandusky, 2012 U.S. Dist. LEXIS 76880 (M.D. Pa. June 4, 2012), the United States District Court for the Middle District of Pennsylvania had occasion to consider whether a D&O...more

Tackling Internal Fraud: Weeding Out The Enemy Within

Advancements in technology have made fraudulent schemes easier to perpetrate, and have allowed criminal activity to expand in both quantity and nature. Today, corporate fraud is limited only by the creativity of the...more

Proposed Bill to Allow Private Enforcement of the FCPA

We have received several inquires regarding H.R. 3531, a bill that was recently introduced in the U.S. House of Representatives to amend the Foreign Corrupt Practices Act ("FCPA") to permit private suits against certain...more

Lessons from the Options Backdating Scandal: The Archeology of Compensation Litigation By Stuart L. Gasner

Originally published in Executive Counsel, December 2011/January 2012. If litigating a lawsuit about compensation issues is a lot like doing a "dig" at an archeological site, the options back-dating scandal was a...more

Court Slaps Down Section 25400 Market Manipulation Claim Against Convicted Felon

Corporations Code Section 25400 is California’s anti-market manipulation statute. The statute copied clauses (1) through (5) of Section 9(a) of the Securities Exchange Act of 1934 and declares unlawful specified actions...more

Self Reporting Under the UK Bribery Act

The Bribery Act comes into force on 1 July 2011. It brings into force an entirely new offence of the failure of a commercial organisation to prevent bribery. The only defence is to have in place adequate procedures to...more

Health Headlines - March 21, 2011

In This Issue: - Recent Prosecutions Reflect Heightened Focus by Regulators on Individual Liability of Healthcare Executives - HHS Proposes to Allow State Data Mining for Medicaid Fraud - Eleventh Circuit...more

DAWN RAIDS ON THE TCHENGUIZ BROTHERS - UNDERSTANDING THE COURTS' POWER TO AUTHORISE SEARCH ORDERS

RUDE AWAKENINGS: DAWN RAIDS ON THE TCHENGUIZ BROTHERS – UNDERSTANDING THE COURTS' POWER TO AUTHORISE SEARCH ORDERS As part of the SFO's investigations into the 2008 collapse of Kaupthing Bank, over 130 police officers...more

Directors not automatically liable for cheque bounce

In this article I am dealing with the liability of directors on cheque bounce under section 138 of the Negotiable Instruments Act. Whether all directors of the Company are liable under section 138, and what happens to the...more

How does the Bribery Act 2010 affect your business?

A brief introduction to how the Bribery Act 2010 will affect commercial organisations and the steps that they need to take now to minimise their risk....more

FDIC Playing Hardball

The FDIC is actively going after the directors and officers of failed financial institutions. Apparently fraud and malfeasance, coupled with ignorance and greed,are the predominant causes of action. This article not only...more

Steps in a cheque-bounce matter

Careful reading of the Section 138 of the Negotiable Instruments Act, 1881 provides the steps that is required to be followed with regard to the dishonor of the cheque for insufficiency, etc., of funds in the account....more

Business Crimes Perspectives - November 2010

In This Issue: The Sarbanes-Oxley Act provides whistleblower protection to certain employees who report wrongdoing by a publicly-traded company; A federal district court in Massachusetts has held that Sarbanes-Oxley...more

When Negligence Is Not A Crime: Massachusetts SJC Draws Brighter Line Between Criminal And Civil Corporate Liability

Companies face serious challenges when a terrible accident has happened (including substantial civil exposure). In the recent Life Care Centers decision, the Massachusetts SJC has rejected the "aggregation" theory of...more

Arizona Federal District Court Holds That Securities & Exchange Commission Need Not Allege Wrongdoing On The Part Of CEO When...

In Securities & Exchange Commission v. Jenkins, No. CV-09-1510-PHX-GMS, 2010 WL 2347020 (D. Ariz. Jun. 9, 2010), the United States District Court for the District of Arizona held that the responsibility of a CEO under Section...more

Correctional excellence: Accreditation and the American Correctional Association

In the United States there are more than 1,800 state and federal correctional facilities and more than 420 privately operated facilities. Of these, about 83%, some 1,500, are accredited by the American Correctional...more

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