News & Analysis as of

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

Federal Prosecutions Can Involve Local Investigations

Four agencies team up to indict five Ohio men on federal drug trafficking charges - January 30, 2014 marked the final federal indictment of five Ohio men who were allegedly involved in cocaine-related criminal...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

A Plant Grows In Brooklyn: EDNY Judge Scrutinizes Deferred Prosecution Deal

A deferred prosecution agreement (“DPA”) has become a common means of resolving a federal criminal investigation of a company. Under a DPA, criminal charges against the company are filed in court, but prosecution of the case...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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