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"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

The Supreme Court - June 2016 #5

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more

Belgian criminal settlement regime declared partially unconstitutional by the Belgian Constitutional Court

On 2 June 2016, the Belgian Constitutional Court ruled that a part of the Belgian criminal settlement regime (transaction pénale/minnelijke schikking in strafzaken) is unconstitutional. Currently, article 216bis of the...more

FCPA compliance and Ethics Report-Episode 251-oral argument in the Supreme Court on McDonnell v. US [Video]

In this episode, I post the full oral argument at the US Supreme Court in McDonnell v. US. Please see my blog post discussing the case for further analysis and discussion. ...more

Testing The 5th: Compelled Testimony From Foreign Regulators

The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

CJEU to Rule on Extradition of EU Citizens in Criminal Antitrust Proceedings

The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the...more

United States v. Microsoft: ‘Global Chaos,’ Outdated Legislation And a Judge’s Plea to Congress

The Second Circuit’s challenge in considering the validity of a U.S. Stored Communications Act warrant to Microsoft for e-mails located on servers in Ireland involves interpreting the SCA, which was enacted nearly three...more

Application Of The Double Jeopardy Prohibition To A Deferred Prosecution Agreement In The Oil For Food Case

On 18 June 2015, the Paris criminal tribunal rendered its judgment in one of the two cases that have reached French courts in relation to allegation of bribery in the context of the Oil For Food (OFF) program. In an important...more

Supreme Court Update: Zivotovsky V. Kerry (13-628), Mellouli V. Lynch (13-628) And Order List

The Court issued only one decision this week, but it was a biggie: Zivotovsky v. Kerry (13-628), aka the "Jerusalem passport case," which will surely find its way into the separation-of-powers chapter of Con Law casebooks in...more

Bribery & Corruption in the Military. A Front-Line View (Part II) [Video]

In the second part of my interview on "The Heat" via CCTV, I discuss the temptations that front-line personnel face when dealing with overseas militaries, particularly, procurement personnel. I share how the touch points...more

White House Imposes Sanctions on Venezuela

On March 9, 2015, pursuant to authority contained in the recently enacted Venezuela Defense of Human Rights and Civil Society Act (Act), President Obama issued an executive order (EO) declaring a national emergency with...more

"France: The ne bis in idem Principle and Settlements With US Authorities"

Successive investigations in France following U.S. prosecutions and settlements have led to court challenges on the grounds of double jeopardy, a trend that will only increase as more countries scrutinize the same conduct in...more

Germany: Online Blackjack Player Found Guilty of Illegal Gambling

The district court Munich found a Munich man guilty of participation in an unlicensed public game of chance due to his participation in online blackjack games. The player was fined under criminal laws and the funds received...more

FBAR Penalty to Face Excessive Fines Clause Test

Last week, a federal jury in Miami found that Carl Zwerner had willfully failed to disclose his foreign bank account to the Treasury Department for calendar years 2004, 2005 and 2006. Zwerner now potentially owes the United...more

The Effect of Egypt's Broken Justice System on INTERPOL

The Egyptian justice system continues to suffer from the absence of basic due process, and we continue to see example after example of cases wherein defendants receive no protection from unfair trial proceedings. First, a...more

U.S. v. LIEW: Jury Selection Focuses On Anti-China Bias In Industrial Espionage Case

A federal judge questioned prospective jurors closely Tuesday for signs of anti-China bias in the industrial espionage trial of a U.S. citizen who prosecutors say fed secrets to a Chinese company. Prosecutors allege...more

Offshore Accounts Holders Have No Fifth Amendment Protections

In what is becoming an increasingly used attack vehicle, the Department of Justice (DoJ) is using the “required records doctrine” to compel taxpayer’s to produce what may be incriminating evidence of ownership or control of...more

Comparison on the rights, limitations and procedures related to public gatherings and demonstrations across Europe

The Right To Freedom Of Assembly And Expression In The European Union - A.) General Description Of The Applicable Legal Administrative Procedures - On a European level, fundamental rights are laid down in the...more

Foreign blogs cannot ignore local courts

The Italian Supreme Court held in relation to a foreign blog where articles inciting to racial hatred were posted that the crime of racist criminal organization and the jurisdiction of Italian courts were applicable if the...more

IRS Seeking 50% x 4 Penalties In FBAR Nonreporting Case

Taxpayers are required to disclose their ownership interests in foreign bank and financial accounts by filing a Form TD F 90-22.1, ...more

Supreme Court Settles Fifth Amendment Required Records Issue in Context of Offshore Bank Accounts

On May 13, 2013, the Supreme Court denied a taxpayer’s petition for certiorari regarding the Seventh Circuit’s August 27, 2012, decision applying the Required Records Exception to override the taxpayer’s Fifth Amendment...more

Weekly Brief: $350K in Wine Leads to $14M Lawsuit [Video]

Mar. 28 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. The US Supreme Court hears oral arguments on two landmark civil rights cases focusing on gay marriage. Also, Italy's Supreme...more

Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required...

The Eleventh Circuit recently joined the Fifth, Seventh, and Ninth Circuits in holding that subpoenaed foreign financial records properly fall within the Required Records Exception to the Fifth Amendment privilege against...more

White Collar Watch - March 2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

Credit Crunch Digest -- February 2013

This issue of the Credit Crunch Digest focuses on fines against Royal Bank of Scotland for alleged Libor rate rigging; the Department of Justice’s lawsuit against Standard & Poors; developments in a mortgage-backed securities...more

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