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Official Act

Wiley Rein LLP

From Government Ethics Lawyers: Gifts That Are Better Not to Give or Receive This Holiday Season

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We are now in December and the end-of-the-year holiday gift-giving season is upon us. Gifts for family; gifts for assistants; gifts for clients; gifts for friends. Holiday parties, Secret Santa exchanges, and the like. It’s...more

Polsinelli

Second Circuit Ruling Clarifies Post-McDonnell Public Corruption

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On Tuesday, former New York State Assembly Speaker Sheldon Silver received a welcomed victory, albeit partial, in the Government’s long running prosecution accusing him of fraud, extortion and money laundering....more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Declines To Extend McDonnell’s ‘Official Acts’ Standard to FCPA Prosecutions

The U.S. Court of Appeals for the Second Circuit recently held that the heightened “official acts” standard for domestic bribery cases — announced by the U.S. Supreme Court in McDonnell v. United States — is inapplicable to...more

The Volkov Law Group

Second Circuit Affirms FCPA Conviction of Ng Lap Seng and Rejects Application of Supreme Court’s McDonnell Decision to FCPA

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In an interesting decision, well worth a read, on August 9, 2019, the US Court of Appeals for the Second Circuit rejected Ng Lap Seng’s appeal of his 2017 conviction for bribery of united Nationals officials.  ...more

McDermott Will & Emery

Second Circuit Declines to Limit FCPA's Scope

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The Second Circuit’s decision in United States v. Ng Lap Seng is a win for the government, because it reinforces the broad reach and scope of the Justice Department’s enforcement of the FCPA. When adopting and implementing an...more

Eversheds Sutherland (US) LLP

The Second Circuit holds “Official Act” not required for FCPA cases 

On August 9, 2019, the US Court of Appeals for the Second Circuit upheld a Chinese real estate developer’s conviction in United States v. Ng Lap Seng. The Court rejected defendant’s attempt to read an “official act”...more

A&O Shearman

Second Circuit Limits The Application Of McDonnell v. United States And Declines To Extend The Potential Scope Of Liability In...

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On August 9, 2019, the United States Court of Appeals for the Second Circuit denied the appeal by a Chinese real estate developer of his 2017 conviction arising from the alleged bribery of United Nations (“UN”) officials....more

Robins Kaplan LLP

Financial Daily Dose 8.12.2019 | Top Story: Saudio Aramco Releases Financial Ahead of Planned IPO

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Saudi Aramco’s mega IPO plans are back on, and while valuation and other stumbling blocks remain, the kingdom is hoping to raise billions via the public offering as early as next year....more

The Volkov Law Group

Fighting Corruption and Obstacles to Criminal Prosecution — (Part II of II)

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There is no universal definition of corruption. Frankly, the term can be narrowly defined to focus on bribery or it can be given a wider application, extending to abuse of power. Transparency International defines...more

Thomas Fox - Compliance Evangelist

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part III – Where is Uncle Duke?

We continue our Hunter S. Thompson themed week in honor of Michael Cohen and his Essential Consulting LLC entity. Today we honor Thompson’s alter ego Uncle Duke. For those who might not know just who Uncle Duke might be, you...more

Thomas Fox - Compliance Evangelist

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part II, Full Gonzo

We continue our Hunter S. Thompson themed week in honor of Michael Cohen and his Essential Consulting LLC entity and his work which he sardonically named “Project Sunlight”. There may not be a finer example of full Gonzo...more

Thomas Fox - Compliance Evangelist

Michael Cohen, 3rd Party Consultants and Hunter S. Thompson: Part I

I hope you were able to check out the first ever Compliance Into The Weeds emergency podcast, where Matt Kelly and myself took a look at some of the initial information which came out about the payments to the president’s...more

Patterson Belknap Webb & Tyler LLP

Skelos Vacated: For The Second Time This Year, Conviction Of Leading New York State Legislator Is Undone Due To McDonnell

The Second Circuit (Winter, Raggi, Hellerstein by designation)yesterday, vacated by summary order the convictions of former New York State Senate Majority Leader Dean Skelos and his son Adam Skelos. Dean and Adam Skelos were...more

Troutman Pepper

Second Circuit Reinforces Narrow Definition of 'Official Act' in Politician's Fraud Case

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On July 13, the U.S. Court of Appeals for the Second Circuit vacated the conviction of former New York State Assembly Speaker Sheldon Silver, who was convicted in 2015 on seven counts of honest services fraud, Hobbs Act...more

Patterson Belknap Webb & Tyler LLP

Silver Conviction Vacated Due To Jury Instructions

Yesterday the Second Circuit (Cabranes, Wesley, Sessions, D.J.) released an opinion vacating the conviction of Sheldon Silver and remanding the case to the district court for further proceedings including a retrial. The...more

Patterson Belknap Webb & Tyler LLP

United States v. Boyland, No. 15-3118

On July 10, 2017, in United States v. Boyland, No. 15-3118 (Kearse, Walker, Hall), the Second Circuit affirmed the conviction of former New York State Assembly member William F. Boyland, Jr. on twenty-one counts of public...more

Proskauer - Corporate Defense and Disputes

DOJ Moves to Dismiss Public Corruption Charges Against Former VA Governor

Last week, the U.S. Attorney’s Office for the Eastern District of Virginia moved to dismiss public corruption charges against former Virginia Governor Robert McDonnell, and his wife, Maureen McDonnell. The decision comes...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations and White Collar Defense - July 2016

“Official Acts”—What They Are… and Are Not - Why it matters: On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act”...more

The Volkov Law Group

The FCPA Implications of the Supreme Court’s McDonnell Decision – A Mountain Out of a Molehill?

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The Supreme Court’s decision in the McDonnell case was expected. It was evident that the Supreme Court was going to reverse the convictions when it granted a stay of McDonnell’s sentence and agreed to hear the case....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Vacates Corruption Conviction of Former Virginia Governor"

On June 27, 2016, the United States Supreme Court unanimously vacated the conviction of former Virginia Gov. Bob McDonnell on corruption charges and remanded the case for retrial. As discussed below, the impact of the...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Reins In Government's Expansive Interpretation of Bribery Charges

Last week, in McDonnell v. United States, the U.S. Supreme Court vacated the bribery convictions of Bob McDonnell, the former governor of Virginia. In doing so, the unanimous Court rejected prosecutors’ expansive...more

Orrick, Herrington & Sutcliffe LLP

Federal and State Public Official Prosecutions Intertwined

For everyone who makes a living trying to influence – or just to understand – state public policy, the most important Supreme Court decision of the year may have been one of the last decisions it issued. On the last day...more

Williams Mullen

Supreme Court Unanimously Reverses McDonnell Conviction

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Earlier this week the United States Supreme Court handed former Virginia Governor Bob McDonnell a big victory by reversing his 2014 conviction for “accepting payments, loans, gifts, and other things of value from [Johnnie]...more

Troutman Pepper

Supreme Court Narrows Interpretation Of Federal Corruption Statute

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On June 27, the U.S. Supreme Court vacated the conviction of former Virginia Governor Robert McDonnell, narrowing the definition of an “official act” in federal corruption cases. McDonnell v. United States, No. 15-474 (2016)....more

Morgan Lewis

Supreme Court’s Interpretation of “Official Act” Poses New Challenge

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The Court’s narrower interpretation of “official act” under the federal bribery statute creates a higher hurdle for federal prosecutors....more

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