Deferred Prosecution Agreements

[Legal Perspective] A Look Ahead at SEC Enforcement Actions with Orrick's Jim Meyers

by JD Supra Law News on 5/14/2013

We recently caught up with Jim Meyers, partner in Orrick Herrington & Sutcliffe's Washington, D.C., office for his perspective on what we might see regarding SEC enforcement actions in the months ahead. A member of Orrick's...more

And Then There Was One – Willbros Related FCPA Enforcement Continues

by Thomas Fox on 5/6/2013

Last week, the US Department of Justice (DOJ) announced the sentencing of Paul G. Novak, a former consultant of Willbros International, Inc., a subsidiary of the Houston based Willbros Group, for his role in a conspiracy to...more

The Continuing Controversy Over DPAs And NPAs

by Michael Volkov on 5/6/2013

There is a lot of grumbling these days over the Justice Department’s use of Deferred and Non-Prosecution Agreements. Some think the deals are too lenient and corporations should be required to plead guilty. Capitol Hill...more

Deferred Prosecution Agreements: A Powerful New Tool for UK Prosecutors?

by Karen Coppens, Lloyd Firth, Cheryl Krause, Jonathan Pickworth | Dechert LLP on 5/3/2013

The Crime and Courts Bill which received Royal Assent on 25 April 2013 has introduced a new enforcement tool in the UK for fraud, bribery and money laundering offences. The Crime and Courts Act 2013 (the “Act”) which is...more

Bank Leumi Snafu Jeopardizes DOJ-IRS Offshore Enforcement Initiatives

by Jeremy Temkin | Morvillo Abramowitz Grand Iason & Anello P.C.... on 5/1/2013

Three times over the past four years, the IRS has given taxpayers with undisclosed offshore accounts the opportunity to come clean and avoid prosecution. While the most recent offer – the 2012 Offshore Voluntary Disclosure...more

Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA [Video]

by Thomas Fox on 4/25/2013

In the two most recent corporate Foreign Corrupt Practices Act (FCPA) enforcement actions, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) to communicate not only what they believe constitutes a...more

Actions Taken During A FCPA Enforcement Action - Lessons From Parker Drilling And Ralph Lauren

by Thomas Fox on 4/25/2013

In the two most recent corporate Foreign Corrupt Practices Act (FCPA) enforcement actions, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) to communicate not only what they believe constitutes a...more

Why Eat Your Words When You Can Eat a Peach?

by Thomas Fox on 4/9/2013

Taken to the woodshed or when should a company have to eat its own words? Remember when President Reagan’s Director of the Office of Management and Budget, David Stockman, was ‘taken to the woodshed’ by White House Chief of...more

U.S. Customs Officials Sour On Honey Fraud Organization by T. Augustine Lo

by King & Spalding on 4/8/2013

On February 20, 2013, U.S. Immigration and Customs Enforcement (“ICE”), CBP, and the U.S. Attorney’s Office for the Northern District of Illinois jointly announced federal criminal charges against five individuals and two...more

BSA Compliance Fails, Go to Jail: A New Challenge for Directors and Officers of Financial Institutions

by John F. Libby, Harold P. Reichwald | Manatt, Phelps & Phillips, LLP on 3/28/2013

For many years the government has encouraged directors and officers of corporations to ensure that they have robust compliance programs to detect and prevent violations of law. This is especially important in regulated...more

Money, Money, Money

by Thomas Fox on 3/22/2013

I tried. I really tried. I tried not to rant about the Houston Astros during Spring Training, because as they say ‘hope springs eternal’ as all teams are tied at this point in the season (0-0). So when the Astros announced...more

Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain...

by Elizabeth Banzhoff, Elizabeth Breakstone, Jean-Jacques Cabou, T. Markus Funk, Michael Sink | Perkins Coie on 3/21/2013

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

How Do You Determine the Gold Standard For Compliance Programs?

by Thomas Fox on 3/14/2013

What is the gold standard for scientific minds? You might not do better than Albert Einstein who was born on this date in 1879. While most lay persons remember Einstein for his theory on special relativity, and his attendant...more

Senate Committee on Banking Holds Hearing on Lax Enforcement of the Bank Secrecy Act

by Fuerst Ittleman David & Joseph, PL on 3/13/2013

As recently reported, the Senate Committee on Banking, Housing and Urban Affairs (information here), on March 7, 2013, held a hearing on “Patterns of Abuse: Assessing Bank Secrecy Act Compliance and Enforcement”. The...more

Ernst & Young to Pay $123 Million to Resolve Federal Tax Shelter Fraud Investigation

by Fuerst Ittleman David & Joseph, PL on 3/12/2013

Ernst & Young has entered a non-prosecution agreement admitting “wrongful conduct by certain E&Y partners and employees in connection with the firm’s participation, from 1999 to 2004, in four tax shelters that were used by...more

Manti Te’o and a Second Set of Eyes

by Thomas Fox on 3/4/2013

One of the strangest news stories over the past couple of months has been the Manti Te’o story. For those few people who have not heard the story, Te’o was fooled (or not) into believing that he was in an online relationship...more

Deferred Prosecution Agreements: How an Effective Compliance Program Can Help You Plan for the Unpredictable

by John S. Linehan, Gina L. Simms | Ober|Kaler on 2/27/2013

During the past several years, prosecutors have increasingly used Deferred Prosecution Agreements (DPAs) against corporations in enforcing white collar criminal statutes. DPAs have enabled companies to avoid the costs and...more

Southern District of New York Ruling May Present Challenges for FCPA Defendants

by William H. Devaney, Geoffrey Garinther, Nancy Grunberg, Jan Lawrence Handzlik, Hillary Profita | Venable LLP on 2/27/2013

A recent ruling in the Southern District of New York rejected two defenses in a Foreign Corrupt Practices Act (FCPA) case, resulting in an interpretation of the law that could have damaging consequences for defendants who are...more

Too Big to Exclude; Too Much Wrongdoing to Ignore

by Melissa Brown, Robert Wolin | BakerHostetler on 2/26/2013

A 2007 audit initiated by a Medicare Program Safeguard Contractor (PSC) discovered that a North Carolina provider had a high incidence of inpatient billings for patients who did not stay in the hospital overnight. The PSC's...more

Distributors Should Be Analyzed As Any Other Third Party Representative in the Sales Chain

by Thomas Fox on 2/25/2013

Ed. Note-David Simon is a partner at Foley and Lardner and Bill Athanas is a partner at Waller Lansden Dortch & Davis, LLP. Both have practices which include FCPA compliance. After my recent post on distributors under the...more

Distributors under the FCPA

by Thomas Fox on 2/13/2013

If there was ever a question that distributors were covered under the Foreign Corrupt Practices Act (FCPA), in 2012, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) made it emphatically clear that...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

Banks Take It On The Chin

by Michael Volkov on 1/4/2013

The end of the year was very tough for global banks. For months significant enforcement actions were expected in the ongoing LIBOR manipulation probe and anti-money laundering and sanctions violations probes....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

U.S. Law Enforcement Authorities And Regulators Resolve Significant Money Laundering And Sanctions Investigations

by BuckleySandler LLP on 12/21/2012

On December 11, a major international bank holding company announced agreements with U.S. law enforcement authorities and federal bank regulators to end investigations into alleged inadequate compliance with anti-money...more

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Deferred Prosecution Agreements

[Legal Perspective] A Look Ahead at SEC Enforcement Actions with Orrick's Jim Meyers

And Then There Was One – Willbros Related FCPA Enforcement Continues

The Continuing Controversy Over DPAs And NPAs

Deferred Prosecution Agreements: A Powerful New Tool for UK Prosecutors?

Bank Leumi Snafu Jeopardizes DOJ-IRS Offshore Enforcement Initiatives

Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA [Video]

Actions Taken During A FCPA Enforcement Action - Lessons From Parker Drilling And Ralph Lauren

Why Eat Your Words When You Can Eat a Peach?

U.S. Customs Officials Sour On Honey Fraud Organization by T. Augustine Lo

BSA Compliance Fails, Go to Jail: A New Challenge for Directors and Officers of Financial Institutions

Money, Money, Money

Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain...

How Do You Determine the Gold Standard For Compliance Programs?

Senate Committee on Banking Holds Hearing on Lax Enforcement of the Bank Secrecy Act

Ernst & Young to Pay $123 Million to Resolve Federal Tax Shelter Fraud Investigation

Manti Te’o and a Second Set of Eyes

Deferred Prosecution Agreements: How an Effective Compliance Program Can Help You Plan for the Unpredictable

Southern District of New York Ruling May Present Challenges for FCPA Defendants

Too Big to Exclude; Too Much Wrongdoing to Ignore

Distributors Should Be Analyzed As Any Other Third Party Representative in the Sales Chain

Distributors under the FCPA

Top Ten Enforcement Actions for 2012

Banks Take It On The Chin

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

U.S. Law Enforcement Authorities And Regulators Resolve Significant Money Laundering And Sanctions Investigations

Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA [Video]

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