News & Analysis as of

Foreign Nationals Department of Justice (DOJ)

Morrison & Foerster LLP

D.C. Circuit Limits DOJ’s Ability to Retroactively Enforce FARA

Last week the D.C. Circuit released its long-anticipated opinion in the Attorney General v. Wynn, holding that the Department of Justice (“DOJ”) could not compel Steve Wynn to retroactively register under the Foreign Agents...more

Allen Barron, Inc.

What Happens If You Don't File an FBAR

Allen Barron, Inc. on

It is common for a US taxpayer to ask “what happens if you don’t file an FBAR or a Form 8938, Statement of Specified Foreign Assets with the IRS? Why do I have to worry about filing an FBAR in San Diego or anywhere in the US,...more

Wiley Rein LLP

FARA: 2023 Review and 2024 Preview

Wiley Rein LLP on

Aggressive enforcement of the Foreign Agents Registration Act (FARA) continued last year, and that trend shows no signs of receding in 2024. The U.S. Department of Justice (DOJ) in 2023 filed its first affirmative civil...more

Mayer Brown

The US Foreign Agents Registration Act (FARA): Key Issues to Watch in 2024

Mayer Brown on

With recent high-profile prosecutions continuing to draw attention to the Foreign Agents Registration Act (FARA) and related political laws, and a number of notable announcements by Department of Justice (DOJ) officials at a...more

Barnea Jaffa Lande & Co.

Document Subpoena from US Authorities: Critical Steps

Barnea Jaffa Lande & Co. on

Receiving a document subpoena from the DOJ, the SEC, or any other US regulatory authority is a stressful and unpleasant situation.   Things may seem even more stressful and complicated if you are a foreign national or company...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

Fisher Phillips on

The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

Wiley Rein LLP

DOJ Issues Several New FARA Advisory Opinions on Registration Triggers and Exemptions

Wiley Rein LLP on

On October 3, the U.S. Department of Justice (DOJ) FARA Unit published a number of new advisory opinions (AOs) offering guidance and further insight on the Department’s interpretation of certain FARA registration triggers and...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for August 2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Buchalter

FBARs, FATCA, and Foreign Nationals: Where are We Headed?

Buchalter on

There has been a legal shakeup this summer in the world of “FBARs”—Reports of Foreign Bank and Financial Accounts. New developments have been popping up nearly every week, whether from a court decision, as a result of a...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – July 2023 Update

Bass, Berry & Sims PLC on

July saw two noteworthy Russia enforcement actions. A Russian national was arrested in Estonia and extradited to the United States after being charged with conspiring to procure U.S.-origin technologies and ammunition on...more

Wiley Rein LLP

Bipartisan Senators Introduce Legislation to Enforce Retroactive Foreign Agent Registration Under FARA

Wiley Rein LLP on

On July 11, 2023, Senators Chuck Grassley (R-Iowa) and Gary Peters (D-Mich.) introduced the Retroactive Foreign Agents Registration Act (RFARA) in a continuing effort to bolster the transparency and accountability of foreign...more

Orrick, Herrington & Sutcliffe LLP

How to Avoid Immigration-Related Discrimination When Complying with U.S. Export Control Laws in Hiring and Employment Verification

U.S. employers may find it confusing that hiring for certain roles can involve what seem to be competing compliance obligations. On one hand, the Immigration and Nationality Act makes it illegal for employers to make hiring...more

Sheppard Mullin Richter & Hampton LLP

Don’t Let the Government Name, Shame, and Fine You – Export Controls Do NOT Excuse Hiring Discrimination

When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply...more

Estlund Law, P.A.

INTERPOL’s CCF: the Annual Report (Post 3 of 3)

Estlund Law, P.A. on

Today’s post is the final in our series on the most recent Annual Report of the  Commission for the Control of INTERPOL’s Files (CCF). The focus of this post will be on the critical factor of admissibility....more

Torres Trade Law, PLLC

Think Tanks May Need to Rethink FARA Registration

Torres Trade Law, PLLC on

When considering who must register under the Foreign Agents Registration Act (“FARA” or “the Act”), one normally thinks of individuals, law firms, or marketing firms, the typical kinds of agents that must register for...more

Morrison & Foerster LLP

A Win for Wynn: Judge’s Dismissal of Civil Case Against Steve Wynn Could Fundamentally Change FARA Enforcement

Morrison & Foerster LLP on

On October 12, 2022, a federal district judge in the District of Columbia, Judge James E. Boasberg, dismissed a U.S. Department of Justice (DOJ) civil complaint against businessman Steve Wynn, which sought to compel Wynn to...more

Guidepost Solutions LLC

Form I-9: A Whirlwind of Changes and More on the Way?

You and the millions of other businesses across the United States have been through a whirlwind of change for the last few years with a multitude of Form I-9 procedural adaptations due to the pandemic, government processing...more

Estlund Law, P.A.

INTERPOL Red Notice removal: Russian banking case

Estlund Law, P.A. on

Miami, Florida, U.S.A.- Estlund Law, P.A., has achieved the removal of a Red Notice in the case of a client who had been targeted in a politically motivated case from Russia....more

Wiley Rein LLP

Recent Legislative Proposals Would Create Additional Reporting Requirements for Foreign Agents

Wiley Rein LLP on

In recent weeks, several proposals to increase the reporting requirements for foreign agents have been introduced that would address perceived exemption “loopholes” in the Foreign Registration Act (FARA) and promote greater...more

WilmerHale

Second Circuit Limits Reach of FCPA’s Anti-Bribery Provisions Charged Under Agency Principles

WilmerHale on

On August 12, 2022, the US Court of Appeals for the Second Circuit issued another decision in a long-running criminal action that holds significant implications for the reach of the US Foreign Corrupt Practices Act (FCPA)...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Do Whistleblowers Have To Be American Citizens?

The United States government has four primary whistleblower statutes and reward programs: •The Federal False Claims Act (“FCA”)- •The Securities and Exchange Commission (“SEC”) Whistleblower Program- •The Internal...more

Morrison & Foerster LLP

Court Documents and Retroactive Registration Show Continued Focus on Expansive FARA Enforcement

The U.S. Department of Justice’s (DOJ) determined approach to identifying violations of the Foreign Agents Registration Act (FARA) shows no signs of slowing down. An inadvertently disclosed warrant revealed that John Allen, a...more

Morrison & Foerster LLP

DOJ Seeks to Require U.S. Businessman to Register as a Foreign Agent on Expansive Agency Theory

Earlier this week, the U.S. Department of Justice (DOJ) filed a civil enforcement action seeking to compel U.S. businessman Steve Wynn to register under the Foreign Agents Registration Act (FARA) as an agent of the Chinese...more

The Volkov Law Group

DOJ Charges United States/Russian National with Acting as an Illegal Agent under FARA

The Volkov Law Group on

In another action targeting Russian actors and connections, the Justice Department indicted Elena Branson, a dual United States-Russian national with criminal evasion of Foreign Agents Registration Act (“FARA”) registration...more

Wiley Rein LLP

New Complaint Filed Charging a Dual U.S./Russian Citizen with Unlawfully Acting as a Foreign Agent for the Russian Government

Wiley Rein LLP on

On March 8, 2022, the Department of Justice (DOJ) announced its filing of a Complaint charging dual Russian and U.S. citizen Elena Branson with several counts, including conspiracy to act as an agent of the Russian government...more

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