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Wire Fraud Internal Investigations

Winstead PC

The PCAOB Brings First Failure-To-Supervise Case

Winstead PC on

On April 5, the Public Company Accounting Oversight Board levied a $100,000 fine against Scott Marcello, the former Vice Chair of Audit at KPMG. The penalty is noteworthy for two reasons: (1) it’s the largest monetary...more

Proskauer - Whistleblower Defense

Third Circuit Confirms Limits on Scope of Protected Activity Under SOX

On July 16, 2020, the Third Circuit affirmed the dismissal of a former IT analyst’s whistleblower retaliation claim, holding that he lacked an objectively reasonable belief that his complaints implicated one of the enumerated...more

WilmerHale

Investigations Alert: Connolly Ruling Creates Complications for Prosecutors, Companies Seeking to Cooperate

WilmerHale on

On May 2, 2019, a court in the Southern District of New York ruled in United States v. Connolly (16-CR-370) that statements made by an employee to outside counsel during an internal investigation were subject to certain...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - August 2018

ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more

Moore & Van Allen PLLC

Caution: Costs of Investigations into Employees’ Fraud are No Longer Recoverable under the Mandatory Victims Restitution Act

Moore & Van Allen PLLC on

In a decision with far-reaching implications for corporate victims of fraud, the U.S. Supreme Court recently held that the Mandatory Victims Restitution Act of 1996 (MVRA) does not entitle victims of certain federal offenses,...more

McGuireWoods LLP

Supreme Court Narrows Ability to Recover Internal Investigation Costs

McGuireWoods LLP on

In January, this blog previewed the Supreme Court’s grant of certiorari in Lagos v. United States to resolve a circuit split regarding whether companies could recover costs of internal investigations under the Mandatory...more

K&L Gates LLP

SCOTUS Says Costs of Internal Investigations Are Not Reimbursable Under Mandatory Victims Restitution Act

K&L Gates LLP on

On May 29, 2018, the U.S. Supreme Court decided Lagos v. United States and held that legal fees and other costs associated with a victim company’s independent investigation of misconduct ultimately resulting in criminal...more

King & Spalding

U.S. Supreme Court Limits Restitution Available in Federal Criminal Cases

King & Spalding on

On May 29, 2018, the United States Supreme Court decided Lagos v. United States, narrowly interpreting the Mandatory Victims Restitution Act of 1996 (“MVRA”) to bar crime victims from recovering the costs of their private...more

Kramer Levin Naftalis & Frankel LLP

In Unanimous Ruling, US Supreme Court Limits Criminal Restitution Orders Under the Mandatory Victims Restitution Act

In Lagos v. United States, decided on May 29, 2018, the U.S. Supreme Court unanimously held that restitution orders under the Mandatory Victims Restitution Act (MVRA) are limited to fees and expenses incurred during...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lagos v. United States

On May 29, 2018, the Supreme Court of the United States decided Lagos v. United States, No. 16-1519, holding that the federal law making restitution to victims of certain federal crimes mandatory does not apply to victims’...more

A&O Shearman

U.S. Supreme Court To Review Ex-CEO's Appeal Regarding Restitution Of Legal Fees Associated With An Internal Investigation

A&O Shearman on

On January 12, 2018, the Supreme Court granted certiorari to hear an appeal from a two-judge, Fifth Circuit panel decision regarding whether federal law permits restitution orders in criminal cases to cover the costs of...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - September 2015

No Dog Days of August for the SEC—A Recap of a Busy Month - Why it matters: Who says there is a government slowdown in August? Not for the SEC. August 2015 turned out to be very busy indeed for the agency, which...more

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