Criminal Prosecution Investigations

News & Analysis as of

Justice Department Prioritizes Prosecution of Individuals for Corporate Misconduct in New Guidance

After prolonged criticism over its lack of prosecution of individuals responsible for corporate misconduct, the Justice Department has issued new internal guidance that makes clear that prosecuting individuals in white collar...more

“Individual Accountability for Corporate Wrongdoing”: The Yates Memo and the DOJ’s Focus on Individuals

On September 9, 2015, the Department of Justice issued a memo (“Individual Accountability for Corporate Wrongdoing”) to federal prosecutors nationwide implementing new policies that—for the first time—prioritize the...more

New DOJ Policy Regarding Individual Accountability for Corporate Wrongdoing

On September 9, 2015, the U.S. Department of Justice announced a new policy regarding individual accountability for corporate misconduct. The policy, described in a memo authored by Deputy Attorney General Sally Yates,...more

Use of General Counsel as Informant Against Corporate Client – A Reminder of the New Era in Aggressive White Collar Investigative...

The use of more aggressive investigative techniques in white-collar corporate probes in the aftermath of the last financial crisis is no secret. Over the last decade, law enforcement has increasingly resorted to...more

"Insights Conversations: Cartels"

With improved coordination among agencies and across borders and the threat of dual criminal and civil enforcement, companies facing cartel investigations must navigate an increasingly complex environment. Skadden partners...more

Justice Department Opens Up False Claims Files for Criminal Investigation

The Justice Department has a penchant for disclosure – they tell you what they are going to do in advance and then they do it. Companies have tried to claim they were “shocked” or “surprised” by the Justice Department’s...more

Worthless Services/Substandard Quality of Care Criminal Prosecutions May Be on the Rise

If you are an operator of a skilled nursing facility (SNF), you might have faced the reality of insufficient medical staff and how it impacts your ability to deliver quality patient care to your residents. Or, you might have...more

DOJ Shifts Stance on False Statements Prosecutions - A Change That Could Have a Major Impact on Future White Collar...

The U.S. Department of Justice (DOJ) recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001. This statute makes it a crime to "knowingly and...more

Criminal FCPA Cases – Targeting Individuals

The Justice Department warned everyone – they are going to prosecute more individuals for criminal violations of the FCPA. DOJ has backed up its warning. Everyone should expect more criminal cases against individuals....more

Mutual Legal Assistance Treaties And Letters Rogatory: A Guide For Judges

The investigation of transnational criminal conduct often involves gathering evidence located in foreign countries. However, national sovereignty, international treaties, and international law preclude U.S. law enforcement...more

BB&K Police Bulletin: Civil Rights Action For Miranda Violation Not Barred If Conviction Reversed

Incriminating Statements in Violation of Miranda Rights Were Used in First Trial, Which Resulted in Reversal - Overview: The Ninth Circuit Court of Appeal recently held that a criminal defendant convicted of murder at...more

New York DFS Obtains Substantial Settlement In Licensing Enforcement Action

On March 31, in an enforcement action with potential implications for a range of financial service providers, the New York State Department of Financial Services (DFS) announced that an insurance holding company agreed to pay...more

BakerHostetler's 2013 Mid-Year Foreign Corrupt Practices Act Update

We are pleased to share with you BakerHostetler's 2013 Mid-Year Foreign Corrupt Practices Act Update, which offers a summary of the following: - Company prosecutions; - Declinations; - Completed...more

FCPA Criminal Liability: Follow George Costanza’s Advice – Do The Opposite

One of my favorite Seinfeld episodes is “The Opposite” when George decides to do the opposite of his natural inclination, and lo and behold, his life suddenly approves....more

Power Move: Referring Trade Secrets Theft To The Government For Criminal Prosecution

You’ve just discovered that an employee who recently left your company took your company’s valuable trade secrets with him to his new employer. What are your options?...more

When A Whistleblower Investigation Turns Criminal

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

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