Plea Agreements

News & Analysis as of

Will Judge Rakoff Get His Wish? – Changes to Federal Sentencing Guidelines May Alter the Plea Bargaining Process

In an article last fall, U.S. District Judge Jed Rakoff lamented the prevalence and process of plea bargaining in today’s criminal justice system. While plea bargains currently resolve an estimated 97 percent of federal...more

Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has...more

Schlumberger and PayPal Settlements Reinforce Breadth of Sanctions Compliance Challenges

Last week, U.S. authorities settled criminal charges against a subsidiary of Schlumberger Ltd. and civil claims against PayPal, Inc. Federal authorities alleged that these companies violated U.S. embargoes and other economic...more

DOJ Enters Into Plea Agreement with Oil Company For Violating U.S. Sanctions Laws

On March 25, the DOJ entered into a plea agreement with an oil company that agreed to pay over $230 million and plead guilty for facilitating illegal transactions and participating in trade activities with Iran and Sudan....more

Swiss Bank Pleads Guilty In Alleged Tax Evasion Conspiracy

On May 19, the DOJ announced that a Swiss bank pleaded guilty and entered into agreements with federal and state regulators to resolve a multi-year investigation into the bank’s alleged conspiracy to assist U.S. taxpayers in...more

DOJ Offshore Enforcement Update: In Landmark Case, Credit Suisse Pleads Guilty, Agrees to Pay $2.6 Billion Penalty; Swiss Bank...

Yesterday, the Department of Justice announced that Credit Suisse AG pleaded guilty to having assisted U.S. taxpayers in evading the payment of U.S. taxes and agreed to pay a penalty of $2.6 billion. Deputy Attorney General...more

A Victory For Crime Victims In Eleventh Circuit

In a decision that will surely have implications for criminal defendants and victims of crimes, on April 18, 2014, the Eleventh Circuit ordered federal authorities to disclose correspondence that took place between Palm Beach...more

D&O Carrier Allowed to Recoup Defense and Indemnity Costs After Employees Plead Guilty to Misconduct

In Protection Strategies, Inc. v. Starr Indemnity & Liability Co., the U.S. District Court for the Eastern District of Virginia allowed an insurer to recoup more than $670,000 in costs paid for the insured first to respond to...more

Record-Breaking Fines in the Largest Ever Antitrust Investigation

In 2013, the U.S. Department of Justice, Antitrust Division obtained even more record-breaking fines in its ongoing antitrust investigation of the automobile parts industry. The investigation, which began in 2011, has...more

Marubeni Plea Agreement Suggests There May Be More FCPA Charges to Come

In a March 19, 2014 Plea Agreement, the Japanese trading company Marubeni Corporation agreed to plead guilty in the U.S. District Court for the District of Connecticut to a criminal information charging a conspiracy to...more

2014 New Family Laws

Some years, family law is chock full of new laws both from the courts and from the legislature. But, not this year; 2013 was more of a blip than a bang for family law. Here are some of the highlights of the more interesting...more

OESA Regional Meeting – Chicago Automotive Supplier Industry Update

Are you aware that General Motors (“GM”) issued new general terms and conditions (“Terms”) for direct material, customer care & aftersales, and tooling purchases effective for requests for quotation issued on or after July...more

Criminal Agreements In Antitrust Prosecutions: Through A Looking Glass

From a criminal defendant’s perspective, Lewis Carroll’s Alice’s Adventures in Wonderland makes an apt point of reference in assessing the law of conspiracy in criminal antitrust cases....more

The Implications of DOJ’s Auto Parts Price-Fixing Enforcement Actions

BACKGROUND - In plea agreements filed by the U.S. Department of Justice (DOJ) on September 26, 2013, nine automobile parts manufacturers agreed to pay more than $740 million in criminal fines to resolve charges of...more

Former CEO of Failed Bank Enters Plea Agreement Admitting that He Caused Bank to File False Call Reports with FDIC to Conceal...

The former Chief Executive Officer and Chairman (the “CEO”) of the failed Summit Bank (the “Bank”), a Washington state-chartered bank with $142.7 million of total assets, entered into a plea agreement (the “Plea Agreement”) ...more

Antitrust and Competition Newsletter - June 2013

Competition and Innovation: Application of European Competition Law to a Rival’s Demand for Access to a Competitor’s Data - The Internet has given rise to information-based businesses that create value by accumulating...more

Appeals Court Strikes Fraud Sentence for Lack of Proof by Government

The U.S. Court of Appeals for the 11th Circuit recently ruled on an issue lying at the intersection of fraud conspiracies and the U.S. Sentencing Guidelines: the government’s separate burden of proof against each co-defendant...more

DOJ Announces Changes to Antitrust Division’s “Carve Out” Practice

On April 12, 2013, the Department of Justice announced changes to the Antitrust Division’s carve out practices concerning negotiations with companies that plead guilty to criminal antitrust violations. These changes were...more

DOJ Narrows "Carve Out" Practice Regarding Corporate Plea Agreements

Assistant Attorney General Bill Baer in charge of the Department of Justice’s Antitrust Division recently announced changes to the division’s “carve-out practice” regarding corporate plea agreements. The changes aim to...more

Corporate and Financial Weekly Digest - April 19, 2013

In this issue: - FINRA and ISG Extend Effective Date for Certain Electronic Blue Sheet Data Elements - NFA Amends FCM Capital Requirements for Forex Transactions with ECPs - Delaware Supreme Court Upholds...more

DOJ's Antitrust Division Reverses Policy on Individual Carve-Outs in Company Plea Agreements

On Friday, April 12, 2013, the Antitrust Division of the United States Department of Justice announced a reversal in policy relating to its negotiations with companies that plead guilty of criminal antitrust violations.1 The...more

OVDP or 50% FBAR Willfulness Penalty; It is Your Choice

The Criminal Tax Division of the U.S. Dept of Justice (DOJ)is taking the position that when a taxpayer has “willfully” failed to file a Report of Foreign Bank or Financial Account, an FBAR, and has in addition filed false...more

10 Fraud and Abuse Enforcement Trends You Can't Afford to Ignore in 2013

To paraphrase a famous quote, "Those who do not learn from history are doomed to repeat it," and providers who ignore the significance of the federal government's healthcare fraud enforcements efforts in 2012 do so at their...more

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