Read Criminal Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Are Political Intelligence Practice Groups Too Risky?
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Weekly Brief: New Round of Layoffs Hit Law Firms
SEC News - Five Year Enforcement Limitation, FCPA Charges for Foreign Nationals, More...
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
How to Protect Your Company From Hackers
Marijuana in the Workplace
Weekly Brief: Rakoff Orders Gupta To Pay Goldman Sachs' Legal Fees
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Stealth Lawyer: Dawn Porter, Filmmaker, 'Gideon's Army'
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Weekly Brief: New DOJ Tact Pushes Bank Subsidiaries To Admit Guilt
What Not To Do If You Are Involved in a Federal Criminal Investigation
Weekly Brief: Courthouse Violence on the Rise
How Does Immunity Work in a Federal Criminal Case?
What Happens in a Federal Grand Jury?
Ex-Boy Scout Trial Exposes Group’s “Pervert” Cover Up
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
How Do Federal Prosecutors Categorize People Who Are Involved in an Investigation?
Kevin J. Napper is a shareholder in Carlton Fields' Tampa, Fla., office. He has practiced in the areas of white collar criminal defense, governmental investigations, internal investigations, and complex civil trial law for...more
Despite Russia’s reputation for corruption, the anti-bribery climate in Russia is evolving. A recent flurry of anti-bribery legislation, as well as Russia’s ratification of the OECD Convention on Combating Bribery of Foreign...more
Let’s try and put this all in perspective. Last fiscal year, the Antitrust Division collected over $1 billion in criminal fines and sent a number of senior executives to prison. ...more
Last week, a subsidiary of American fashion designer Ralph Lauren Corporation made global news for violations of The Foreign Corrupt Practices Act of 1977 ("FCPA"). In short, FCPA prohibits covered entities – i.e., those that...more
In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more
Over the past week there has been a plethora of Foreign Corrupt Practices Act (FCPA) enforcement actions released. One group was the four enforcement actions involving individuals concerning BizJet. While I cannot say that...more
As the old saying goes, even a broken clock is correct two times a day. My prediction several weeks ago is turning out to be on target. FCPA enforcement is continuing and will increase throughout the year – DOJ/SEC...more
Unlike that fabulous song-writing team of Lennon and McCartney, these two guys promised that they would be back and from what we have seen over the past few weeks, they have kept to their collective word. Yes, those two...more
Large non-listed companies incorporated in the European Economic Area (“EEA”) which operate in the oil, gas and mining sectors will need to annually disclose any payments made to the national, regional or local authority of a...more
Last weekend in the Financial Times (FT) was a report by Tim Burgis of an interview he held over a lunch meeting with the Angolan Isabel dos Santos, who Forbes magazine recently declared “the continent’s first female...more
Contrary to former candidate Romney’s view of the world (“Corporations are people”), you cannot put a company in jail. Try as you might, it just can’t be done....more
It is time for everyone to take a deep breath. The DOJ/SEC Guidance could not have been clearer. The message to companies – stop devoting so much time to building, tinkering with, and monitoring their policies governing...more
Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the...more
For years, a significant number of Foreign Corrupt Practices Act (FCPA) enforcement actions have focused on or involved the People’s Republic of China (PRC), Chinese subsidiaries, or Chinese officials. It is hard to avoid...more
FCPA practitioners tend to repeat themselves. Some of the points we make need to be repeated, and some do not. Businesses are not able to react as quickly as they should in response to potential risks and possible...more
Ed. Note-this week there was a-buzz from North of the Border where it was announced that Canada was considering amendments to strengthen the Canadian anti-corruption law, the Corruptions of Public Officials Act. I ask John...more
Following the announced amendments to Canada’s Corruption of Foreign Public Officials Act (CFPOA), which we wrote about here, there are changes that will likely bring more scrutiny for Canadians and Canadian businesses...more
Yesterday we discussed Occupational Fraud and how, according to the ACFE, survey participants estimated that the typical organization loses 5% of its revenues to fraud each year. Applied to the 2011 Gloss World Product, the...more
The UK Bribery Act is still on the books – and there is very little enforcement action to report. Instead, we are treated to new personnel, policies and practices surrounding the UK Bribery Act, which so far has not amounted...more
The Lance Armstrong saga continues to provide many lessons for the compliance practitioner. A recent article on ESPN.com, entitled “Lance calls for amnesty program”, reported that Armstrong has come out in favor of those who...more
In This Issue:
- Standards and Procedures
- Organizational Leadership and Culture
- Reasonable Efforts to Exclude Bad Actors From Managerial Ranks
- Training and Education
The use of third party agents in international operations or business development, whether consultants, sales representatives, customs brokers, contractors or distributors, is often unavoidable. This may be because the...more
One benefit of conducting business through a corporation, limited liability company or other limited liability entity is the “shield” from personal liability that these entities generally afford stockholders, directors and...more
A few years ago the president of a well-known food brand was convicted and sentenced to serve nine months in federal prison for failing to stop his plant from engaging in a practice that he knew was a violation of...more
Many commentators are still mining the Department of Justice (DOJ)/Securities and Exchange Commission (SEC) publication, A Resource Guide to the U.S. Foreign Corrupt Practices Act, (the “Guidance”), which was released last...more
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