Criminal Law, Commercial Law & Contracts, Administrative Law

Kentucky Update: Instant Racing

by Laura D'Angelo, Kerry Irwin | Dinsmore & Shohl LLP on 4/18/2013

While the Kentucky legislature continues to debate the issue of expanded gaming without progress, two Kentucky horse racing tracks – Kentucky Downs and Ellis Park – offer their patrons “Instant Racing”, or wagering on...more

Justice Department and SEC Issue Guidance on Anti-Bribery Law

by David Dubberly | Nexsen Pruet, PLLC on 1/23/2013

Originally published in Swampfox - January 22, 2013. In November 2012 the Department of Justice and the Securities and Exchange Commission issued a 120-page “resource guide” to the U.S. Foreign Corrupt Practices Act. ...more

The Financial Services Act 2012 – Misleading Statements, Impressions and Financial Promotions

by Jonathan Angell, Sean Geraghty, Amy Grammer | Dechert LLP on 1/18/2013

Background - In our previous DechertOnPoints, The Draft Financial Services Bill in the Contextof the Proposed New UK Financial Regulatory Structure and Draft UK Financial Services Bill and the New UK Financial...more

Rolls-Royce Brings in Lord Gold – Is it Thinking Big Enough?

by Thomas Fox on 1/15/2013

In December 2012 the BBC online service reported that Rolls-Royce Motor Cars Limited (Rolls-Royce) was in talks with the UK Serious Fraud Office (SFO) regarding potential allegations of bribery and corruption in Indonesia and...more

The HSBC AML Settlement - Lessons Learned for the AML Compliance Practitioner

by Thomas Fox on 1/14/2013

I recently wrote about banks behaving badly. Currently, Exhibit A in that list is HSBC. In December, 2012, the UK banking giant HSBC agreed to pay a fine of $1.92 billion for its transgressions involving money laundering....more

Nevada Legislature May Prohibit The Establishment of Corporations For “Illicit Purposes”

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/14/2013

Nevada’s legislature meets in regular session every other year for 12o consecutive calendar days. Nev. Const. Art. II, § 4 and NRS 218A.078. Although the 77th session does not start until February 4, legislators are already...more

Fu Manchu and the Wal-Mart FCPA Investigation Water Torture

by Thomas Fox on 1/11/2013

Today we celebrate Fu Manchu. No not the facial accouterments but the fictional character who was introduced to the world in a series of novels by British author Sax Rohmer during the first half of the 20th century. He has...more

Internal Audit Review of Charitable Donations Under the FCPA

by Thomas Fox on 1/10/2013

When is a rose not a rose? When it is a charitable donation not made for philanthropic purposes and it violates the Foreign Corrupt Practices Act (FCPA). I thought about that concept when reviewing the Eli Lilly and Company...more

Top Ten Enforcement Actions for 2012

by Thomas Fox on 1/8/2013

As we welcome in 2013, it is appropriate to reflect back on some of the things which have occurred over 2012 and in the Foreign Corrupt Practices Act (FCPA) enforcement world, it was quite a significant year. The Department...more

Five Biggest FCPA Stories Of 2012

by Michael Volkov on 1/7/2013

One of my favorite “Seinfeld” episodes is when Jerry and George go to NBC to pitch their new television show which is about “nothing.” There are some parallels to this posting. FCPA settlements have dwindled during 2012....more

New Nevada Bill Would Allow for Interstate Gaming Compacts

by Jeff Ifrah on 1/7/2013

A bill has been introduced in the Nevada General Assembly, on behalf of the state’s State Gaming Control Board, that would allow for the state governor to enter into interstate gaming compacts with other states. This...more

Are the Feds Enlisting FedEx to Police the Illegal Pharma Market?

by Jeff Ifrah on 1/4/2013

The government may be coming up with a new cost-effective measure to help balance the federal budget – enlisting private companies to do their policing. A 2011 settlement between the Justice Department and Google for $500...more

The Lilly FCPA Enforcement Action (Part III) Lessons Learned from Russia

by Thomas Fox on 1/4/2013

This Part III is the final installment of my review of the Eli Lilly and Company (Lilly) FCPA enforcement action brought by the Securities and Exchange Commission (SEC). In this Part III, I will review the FCPA issues that...more

From China to Poland and Brazi l- The Lilly FCPA Enforcement Action- Part II

by Thomas Fox on 1/3/2013

In Parts II and III of my review of the Eli Lilly and Company (Lilly) Foreign Corrupt Practices Act (FCPA) enforcement action brought by the Securities and Exchange Commission (SEC), I will discuss some the processes and...more

The Lilly FCPA Enforcement Action Part I – Key Lessons Learned on Sportsmanlike Conduct

by Thomas Fox on 12/31/2012

As you see from today’s picture I am enthusiastically wearing a New England Patriots (classic) shirt. You may ask yourself why am I wearing this shirt? The reason is because of a rather rash wager I made with Jay Rosen, Vice...more

N.J. Again Passes Online-Poker Bill; Decision Now in Governor’s Hands

by Jeff Ifrah on 12/21/2012

New Jersey could soon become the third state to legalize online gaming within its borders. Its State Senate on December 20, 2012, voted 33-3 to legalize online poker in the state. The General Assembly had previously approved...more

Legal Alert: FCPA Resource Guide Issued

by Kenneth R. Hannahs, Jr. | FordHarrison on 12/20/2012

On November 14, 2012, the Criminal Division of the United States Department of Justice ("DOJ") and the Enforcement Division of the United States Security and Exchange Commission ("SEC") issued "A Resource Guide to the U.S....more

When A Whistleblower Investigation Turns Criminal

by Mark J. Biros | Proskauer - Whistleblowing & Retaliation on 12/20/2012

The new SEC bounty-hunter regime, the explosion in whistleblower claims, and the increasing severity and complexity of those claims raises the specter of government investigations and criminal sanctions....more

A Year-End Update on the UK Bribery Act

by Raymond Sweigart | Pillsbury Winthrop Shaw Pittman LLP on 12/18/2012

Although 2012 did not bring a major prosecution, it was not without note-worthy events. The UK Serious Fraud Office (SFO), on top of the withdrawal of previous Bribery Act guidance and the publication of new guidelines in...more

DOJ and SEC Release New FCPA Resource Guide

by Anthony Moshirnia | Sheppard Mullin Richter & Hampton LLP on 12/18/2012

On November 14, 2012, the SEC and the DOJ released their long-awaited Resource Guide to the Foreign Corrupt Practices Act, which can be found here. The Resource Guide consolidates and summarizes the government’s previously...more

A Call To Arms: Conduct A Risk Assessment

by Michael Volkov on 12/17/2012

The FCPA Guidance includes some important reminders for compliance practitioners. Most significantly, DOJ and SEC want companies to reinvigorate their risk assessment process. ...more

Record Fines against HSBC for Repeated Bank Secrecy Act and OFAC Violations

by John Dodge | Davis Wright Tremaine LLP on 12/17/2012

Following on the heels of the $15 million settlement against First Bank of Delaware for significant Bank Secrecy Act/Anti-Money Laundering violations (as we reported on here), the Treasury Department and three federal...more

The FCPA Guidance And Voluntary Disclosures

by Michael Volkov on 12/17/2012

The FCPA Guidance is an advertisement for the government’s voluntary disclosure program. DOJ and SEC repeat their message – if you voluntarily disclose, you will get a benefit. As demonstrated in the declinations, companies...more

PETA Sues to Enforce Foie Gras Ban in California

by Michele Bowman | Lawyers.com on 12/15/2012

A restaurant in Hermosa Beach, Calif. is testing the bounds of the state’s five-month-old ban on the production and sale of foie gras, a delicacy produced by force-feeding ducks so that their livers become...more

Federal Court Tosses Illinois Concealed Carry Ban

by Aaron Kase | Lawyers.com on 12/14/2012

The 7th U.S. Circuit Court of Appeals yesterday threw out an Illinois law banning concealed handguns, which had been the nation’s only blanket law against concealed carry. Lawmakers will have 180 days to rewrite the...more

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Criminal Law › Commercial Law & Contracts › Administrative Law