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Corporate Officers Criminal Prosecution

Foley Hoag LLP

United States v. Elizabeth Holmes and Ramesh Balwani

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I. WHY THIS CASE MADE THE LIST - A highly publicized and long-running multi-agency action against the former Chief Executive Officer and the former Chief Operating Officer of Theranos Inc. resulted in criminal convictions...more

BakerHostetler

Former Uber Chief Security Officer Convicted of Federal Obstruction and Concealment Crimes in Connection with Extortionate Data...

BakerHostetler on

On October 5, 2022, a federal jury found Joseph Sullivan, Uber’s former chief security officer, guilty of obstruction of justice and misprision of a felony in connection with his role in responding to a 2016 data breach...more

K&L Gates LLP

Investigating Directors of Dissolved UK Companies

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From 15 February 2022, the UK Insolvency Service is granted new powers to investigate and disqualify or prosecute directors of dissolved UK companies. The Rating (Coronavirus) and Directors Disqualification (Dissolved...more

Cranfill Sumner LLP

Evolving DOJ Enforcement Trends: Considerations for White Collar Practitioners and Their Clients

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In September 2020, Patrick Mincey, Zachary Bolitho and I presented on the changes and trends we expected to see in SEC and DOJ enforcement of white-collar cases.  We cautioned our clients that the government was going to...more

Barnea Jaffa Lande & Co.

Officers’ Responsibility for Ecological Disaster

Barnea Jaffa Lande & Co. on

About seven years ago, one of the worst ecological disasters in Israel’s history occurred. During work to divert an oil pipeline, one of the old pipelines belonging to the government company Eilat Ashkelon Pipeline Co. Ltd....more

Saul Ewing LLP

The Responsible Corporate Officer Doctrine and the Food, Beverage and Agribusiness Industry — What You Need to Know

Saul Ewing LLP on

In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Justin Danilewitz, a litigator in the Firm’s White Collar and Government...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The German Corporate Sanctions Act

Germany has proposed legislation, likely to be ratified this Fall, that would mark a major change in how the government there enforces criminal violations in the corporate sector. The Corporate Sanctions Act, or CSA, would,...more

Foley Hoag LLP

Foreign Executive’s FCPA Convictions Overturned

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District Court Finds Insufficient Evidence That He Acted As Agent of U.S. Subsidiary - Background - On February 26, 2020, a federal judge in Connecticut granted in part the motion for acquittal of a former senior executive...more

Bass, Berry & Sims PLC

DOJ Announces 2019 FCA Recovery, Majority Came from Healthcare Industry

The Department of Justice (DOJ) announced this month that it obtained over $3 billion in settlements and judgments from civil fraud and false claims cases during the fiscal year ending September 30, 2019 (FY 2019). Of this...more

Dorsey & Whitney LLP

Former Alstom Executive Convicted of Foreign Corrupt Practices Act Charges on Agency Theory

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Lawrence Hoskins, a British citizen and former employee of French conglomerate Alstom SA, has been found guilty by a federal jury in Connecticut of 11 of 12 criminal charges, including six counts of violating the United...more

Barnea Jaffa Lande & Co.

Israel's Prosecution Policy for the Criminal Prosecution and Punishment of Corporations

Barnea Jaffa Lande & Co. on

In October 2019, the Israel State Attorney published a new guideline on its office’s policy when considering the prosecution of a corporation, as well as on how it should determine its position on the manner of punishing...more

Wilson Sonsini Goodrich & Rosati

DOJ Criminal Division Releases Updated Guidance for Prosecutors Evaluating Corporate Compliance Programs

On April 30, 2019, Assistant Attorney General Brian A. Benczkowski announced the release of an updated version of the Criminal Division's "The Evaluation of Corporate Compliance Programs" during a keynote address at the...more

The Volkov Law Group

DOJ’s New Corporate Compliance Guidance: Risk Assessments and Policies and Procedures (Part II of IV)

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Part 1 of the Corporate Compliance Guidance addresses the following elements of a well-designed compliance program: risk assessment, policies and procedures, training and communications, confidential reporting structure and...more

Blank Rome LLP

The Justice Department Brings Its First-Ever Prosecution of Corporate Officers for Criminal Violations of the Consumer Product...

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The Consumer Product Safety Act requires manufacturers, importers, and distributors of consumer products to report hazardous defects. Failure to comply can subject the individual officers and employees to criminal penalties. ...more

Stinson LLP

The Proposed Corporate Executive Accountability Act - Bending the Space-Time Continuum to Find Criminal Culpability of Corporate...

Stinson LLP on

Two core principles of American criminal liability are: (1) a crime does not occur unless the accused has both criminal intent (mens rea) and commits a criminal act (actus reus); and (2) the intent and the act must occur at...more

McDermott Will & Emery

Corporate Law & Governance Update - March 2019

McDermott Will & Emery on

NEW AG ACTION FOCUSES ON CHARITABLE PURPOSES - New legal action by the Pennsylvania Attorney General against a prominent nonprofit health system is grounded in allegations of violation of charitable purposes. The...more

Blake, Cassels & Graydon LLP

A Primer for In-House Counsel: Corporate and Financial Crimes, Part 1: : Criminal Law 101

What Statutes Set Out Criminal Offences in Canada? Canada’s criminal law is set out in the Criminal Code. The Criminal Code is made by Parliament and applies equally in every province and territory. The Criminal Code...more

Obermayer Rebmann Maxwell & Hippel LLP

Corporate Actors Held Individually Accountable in Recent False Claims Act Settlement

The Department of Justice (“DOJ”) has sent a clear message that individuals cannot hide behind the corporate shield in its recent settlement with Med-Fast Pharmacy, Inc. and the charges brought against its associated...more

Cadwalader, Wickersham & Taft LLP

The Responsible Corporate Officer Doctrine in the Wake of DeCoster

Executive Summary: The most important Park doctrine case in over forty years may be heading to the Supreme Court – but not if the federal government has its way. The Responsible Corporate Officer doctrine (“RCO doctrine”),...more

Proskauer - Corporate Defense and Disputes

SEC and DOJ Charge Board Member with Trading on Inside Information . . . During a Board Meeting

On Friday, the SEC filed a complaint against James C. Cope, a former member of the Executive Committee of Pinnacle Financial Partners’ (“PFP”) board of directors, alleging that he engaged in insider trading. The same day,...more

Troutman Pepper

The Spring Meeting Confronts the Yates Memo: Execs in the Front Lines of Corporate Criminal Responsibility; Presentation of the...

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The Business Law Section’s Director and Officer Liability Committee conducted a program at the Section’s Spring Meeting in Montréal. The program focused on the recent Yates memorandum of the U.S. Department of Justice (DOJ),...more

The Volkov Law Group

Responsible Corporate Officers’ Jail Sentences Upheld in Selling Contaminated Eggs

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In an important decision, on July 6, 2016, the Eighth Circuit Court of Appeals affirmed the prison sentences imposed on Jack DeCoster, and his son, Peter, under the “responsible corporate officer” doctrine (aka Park doctrine)...more

Foster Garvey PC

DOJ’s New FCPA “Pilot Program” Targets Corporate Officers and Other Individuals

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For years, FCPA observers have predicted that the Department of Justice (“DOJ”) will increase its prosecutions of corporate officers and employees for FCPA violations. These predictions have so far proven disputable, as the...more

Dorsey & Whitney LLP

The Yates Memo: A New DOJ Investigative Approach - Update

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Since at least the market crisis there has been a clamor to convict senior corporate officials of federal felonies – or at least name them in a civil law enforcement action by the SEC or another agency. For years the...more

Arnall Golden Gregory LLP

The Yates Memo – A Warning to Execs and Employees: Effects of Expanding the DOJ’s Efforts to Combat Corporate Wrongdoing and Hold...

“The buck needs to stop somewhere where corporate misconduct is concerned,” said Attorney General Eric Holder in a September 17, 2014 speech to NYU School of Law. He went on to say that “corporations are structured to blur...more

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