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Investigations Fraud Securities and Exchange Commission (SEC)

Holland & Hart LLP

Key Compliance Takeaways for Companies from the DOJ's New Corporate Whistleblower Program

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On August 1, 2024, the U.S. Department of Justice (“DOJ”) announced its new “Corporate Whistleblower Awards Pilot Program” (“DOJ Program”), a three-year initiative managed by DOJ’s Money Laundering and Asset Recovery Section....more

American Conference Institute (ACI)

The DOJ’s New Pilot Programs: A Bane for Compliance Programs

For years, Department of Justice officials have stressed how important chief compliance officers are as the first line of defense in fighting corporate crimes. While that’s true, compliance programs now have a competitor in...more

Foley & Lardner LLP

Private Company Compliance: Investigations, Regulations, and Litigation

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We recently co-hosted an NACD “Private Company Compliance” webinar on the issues that directors of private companies should care about. In this episode, we focused on the increasing importance of supervising the...more

NAVEX

The Whistleblower Experience – Unpacking the Benefits and Best Practices

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If you find yourself thinking, “there are so many whistleblower stories in the news these days,” you’re not wrong. From historic awards being distributed from the U.S. Securities and Exchange Commission (SEC) to the EU...more

Spilman Thomas & Battle, PLLC

Is that ‘Possible Misconduct’ in Cryptocurrency Advertising? FTC Investigates

There is more news of recent investigations and charges involving people in the cryptocurrency world. The FTX cryptocurrency exchange recently collapsed. Its CEO, Sam Bankman-Fried, has been arrested in the Bahamas and...more

Proskauer - Corporate Defense and Disputes

SEC Enforcement Director and SDNY/EDNY Officials Address Enforcement Priorities

SEC Division of Enforcement Director Gurbir Grewal and several high-ranking officials from the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York and the FBI spoke on November 29, 2022 at a conference...more

Patterson Belknap Webb & Tyler LLP

Notable SEC Decisions: 2022 H1

Each year, the U.S. Securities and Exchange Commission (SEC) publishes its enforcement priorities – a reminder that, although the Division of Examinations (EXAMS) remains committed to monitoring compliance with (and...more

Bradley Arant Boult Cummings LLP

Second Circuit Ups the Ante on Disclosing Government Probes

Must a public company disclose to its shareholders that it is under investigation by a government agency? The US Court of Appeals for the Second Circuit recently shifted the legal landscape by expanding when a company has a...more

McDermott Will & Emery

Half a Loaf Is Not Enough: Second Circuit Sustains Fraud Claim for Failure to Disclose SEC Investigation

Companies under US Securities and Exchange Commission (SEC) investigation focus on marshaling the facts, defenses and related strategies during the course of the investigation and making presentations to the enforcement...more

McDermott Will & Emery

Second Circuit Sustains Fraud Claim for Not Disclosing SEC Investigation

Companies under US Securities and Exchange Commission (SEC) investigation focus on marshaling the facts, defenses and related strategies during the course of the investigation and making presentations to the enforcement...more

Morrison & Foerster LLP

Enforcement Against COVID-19 Related Fraud: Two-Year Anniversary Update

On the eve of the pandemic’s two-year anniversary, the U.S. Department of Justice (DOJ) released updated statistics on its efforts to combat COVID-19 related fraud and announced the appointment of a director of COVID-19 Fraud...more

King & Spalding

Q2 2021: Latin America Enforcement Review

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This summary is part of our regular reporting of trends and developments related to investigations and enforcement activity into fraud, corruption, and other misconduct by authorities in the United States and the Americas and...more

Alston & Bird

New Administration, New Enforcement Priorities

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Three weeks into the Biden Administration, businesses must prepare for significant changes in regulatory and enforcement priorities. Our White Collar, Government & Internal Investigations Team summarizes the new...more

Faegre Drinker Biddle & Reath LLP

The $180 Million Chinese Coffee Case for Attempting to Manage Earnings

Last week, on December 16, 2020, Chinese-based coffee chain Luckin Coffee Inc. (“Luckin”) agreed to a $180 million settlement with the United States Securities and Exchange Commission (“SEC”). Luckin’s American Depositary...more

ArentFox Schiff

Piercing the Corporate Shell: New Legislation Will Force Anonymous Shell Companies to Disclose Their True Owners

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Three months after a leak and investigation into over $2 trillion in suspect transactions at the world’s largest banks and financial institutions, known as the “FinCEN Files,” Congress passed legislation that would require...more

ArentFox Schiff

The Risks Are Real: What We Know and Can Predict About CARES Act Financial Fraud Enforcement

ArentFox Schiff on

While gearing up to get trillions of dollars into the economy, the government was also setting in place the mechanism to investigate and prosecute fraud related to these programs. The CARES Act was signed into law on March...more

Vinson & Elkins LLP

Paycheck Protection Program Loan Borrowers Beware: SEC Turns Attention To Public Borrowers

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Scrutiny into Paycheck Protection Program Loans Intensifies — Attracts SEC Attention- Public companies applying for Paycheck Protection Program (“PPP”) loan funds have been under increasing political and media scrutiny....more

WilmerHale

SEC Cautions Issuers to Consider Cyber Threats When Devising and Maintaining Internal Accounting Controls

WilmerHale on

Yesterday, the Securities and Exchange Commission released an investigative report regarding its investigation into whether nine public companies that were victims of cyber-related frauds violated federal securities laws by...more

Dorsey & Whitney LLP

The SEC’s Carter’s, Inc. Investigation Yields Another Insider Trading Case

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Carter’s, Inc. is the investigation that just keeps on generating cases. The investigation has yielded seven SEC actions charging insider trading and financial fraud. Hedge fund manager Stephen Slawson became the eight person...more

Orrick - Employment Law and Litigation

Can You Hear the Whistle Blowing?: SEC Punishes Company that Did Not Address Fraud Allegations by Whistleblower

The U.S. Securities and Exchange Commission recently announced the latest whistleblower bounty awarded under the Dodd-Frank Act, which authorizes rewards for original information about violations of securities laws....more

Goodwin

SEC Staff Announces 2014 Broker-Dealer Examination Priorities

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The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) announced the 2014 examination priorities (the “Announcement”) for its National Examination Program (the “NEP”). The priorities are organized according to...more

Eversheds Sutherland (US) LLP

SEC Publishes 2014 Examination Priorities for Investment Advisers

On January 9, 2014, the U.S. Securities and Exchange Commission (SEC) published its 2014 examination priorities letter (“SEC Letter”) for its National Examination Program (NEP). The NEP covers all markets and entities...more

Dorsey & Whitney LLP

SEC Announces National Exam Program Priorities

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The SEC National Examination Program announced its 2012 examination priorities. Those priorities are selected by senior staff from the National Exam Program’s offices along with senior SEC staff from the various Divisions and...more

Thomas Fox - Compliance Evangelist

Where Else? JP Morgan Chase Investigation Into Hiring Practices Expands

One of the most dreaded questions in any Foreign Corrupt Practices Act (FCPA) investigation is: Where Else? By this I mean that if you have a systemic failure of internal controls in one geographic area it may well be that...more

The Volkov Law Group

Broker-Dealers: Pay Attention To Government Audits And Examinations

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The story of “The Boy Who Cried Wolf” applies with full force to the securities industry and the FCPA. ...more

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