Environmental Criminal Law General Business

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The Announcement of Criminal Charges against Lumber Liquidators Underscores the Need for Lacey Act Compliance

On Wednesday, April 29, 2015, Lumber Liquidators announced in its most recent 10Q that the United States Department of Justice plans to pursue criminal charges surrounding allegations the company illegally imported wood in...more

High Court Divided: Is A Fish A Tangible Object?

Gulf fisherman John Yates was cited by a federally-deputized Florida Fish & Wildlife officer for having caught a few red grouper that were about an inch under the 20” minimum limit at the time (they’d have been legal under...more

Supreme Court Rejects the Government’s “Fishy” Interpretation of Sarbanes-Oxley Obstruction Statute

On February 25, the United States Supreme Court issued a decision in Yates v. United States.1 This case involved the interpretation of Title 18, United States Code, Section 1519, a statute that was added as part of the...more

SHE Matters - Winter 2014/2015

In This Issue: - Fee For Intervention – Is It Set To Stay? - How To Protect Brand Reputation And Sales From The Risks Associated With A Product Recall - Review Of The Proposed Changes In The Sentencing Of Health...more

Corporate Criminal Liability: Legal Causation and the Application of Absolute Vicarious Liability in the XTO Energy Prosecution

In this high-profile criminal prosecution of XTO Energy by the Pennsylvania Office of Attorney General, the scope of corporate criminal liability for the actions of third parties is likely to take center stage later this year...more

What Defense Counsel Can Learn From The W.Va. Spill

For the companies and their lawyers, the headlines were awful and kept getting worse: 300,000 people suffering without drinking water; changes in corporate ownership just days before the chemical spill; and accusations that a...more

D.Lgs. 231/2001 Aggiornamento Normativo E Giurisprudenziale

Si riporta di seguito una breve rassegna dei provvedimenti maggiormente significativi in materia di responsabilità amministrativa degli enti ex D.Lgs. 231/2001. CAPACITA' ESIMENTE DEL MODELLO - CASSAZIONE PENALE....more

Scrap Metal Dealers Act 2013

On 1 December 2013 the Scrap Metal Dealers Act 2013 (the “Act”) came into force in England and Wales. The Act aims to combat the recent increase in metal theft which is being spurred on partly by rising commodity costs. The...more

Environmental Crimes and Punishment

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

Gibson Guitar Corp. Agrees to Resolve Investigation Into Lacey Act Violations

On August 6, 2012, Gibson Guitar Corp. entered into a criminal enforcement agreement with the United States, resolving a criminal investigation into allegations that the company violated the Lacey Act by illegally purchasing...more

Environmental Crime Risks

Chief compliance officers have enough on their plate without having to worry about another risk. The Obama Administration came into power promising to increase enforcement of environmental laws and regulations. On the civil...more

Going Green: Corruption and the Environment

Corruption Crime & Compliance welcomes Patrick Kellermann from LeClairRyan who authored this post. Patrick’s biography is located here (see article for link). For the past decade, money has poured into green businesses...more

Oops! My client had a spill – what do I do now?! By Gerald L. Hilsher

Originally published in Oklahoma Bar Journal - Volume 83, No.5 - February 11, 2012. Anyone who has raised a child or represented a company in a regulated industry knows that accidents will happen. This article will...more

The Lacey Act and Fishery Enforcement: Congressional Staffer Caught in the Snare

President William McKinley, on May 25, 1900, signed into law legislation that has become known as the Lacey Act. Designed to combat interstate trafficking in illegally taken game, the Lacey Act became the first significant...more

Pig Promise Produces No Prudhoe Pork For Plaintiff

What We’ve Got Here is A Failure to Pig In 2006, BP Exploration (Alaska) Inc. shut down its pipelines and oil production in Prudhoe Bay, Alaska after leaks were discovered in two of its pipelines. Both leaks resulted from...more

Gavel to Gavel: To kill a mockingbird By Jessica John Bowman

Article first appeared in The Journal Record - June 9, 2011. Maybe you’ve heard this one: A hunter asks the game warden whether he may shoot a particular animal. “No,” replies the warden, “I’m sorry, but the season...more

EnviroBrief Newsletter

In this Issue: *REACH Registration Process Remains Challenging For Those Doing Buisness In or With the EU *USEPA Region 7 General Counsel Shares Agency Priorities *Ninth Circuit Affirms Conviction of Corporate Officer...more

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