Earlier this month, at the American Bar Association’s (ABA) 38th National Institute on White Collar Crime, Deputy Attorney General Lisa O. Monaco and Assistant Attorney General Kenneth A. Polite, Jr. highlighted the...more
Eager to enlist corporations as “allies in [its] fight against crime,” the Department of Justice (DOJ) announced on Tuesday, Jan. 17, 2023, expansions to the Criminal Division’s corporate enforcement policy, now the Criminal...more
On Sept. 15, 2022, Deputy Attorney General Lisa Monaco spoke at New York University Law School outlining the U.S. Department of Justice’s (DOJ) priorities and policies on corporate criminal enforcement....more
In their March 3, 2022, speeches to the 37th American Bar Association (ABA) National Institute on White Collar Crime, Attorney General Merrick Garland and Assistant Attorney General Kenneth Polite Jr. both emphasized the...more
Over the course of the year — and even dating back to his time on the campaign trail — President Biden and senior officials in his administration, including Department of Justice (DOJ) and Security and Exchange Commission...more
12/21/2021
/ Anti-Corruption ,
Biden Administration ,
Bribery ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Popular ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
In her Oct. 28, 2021 keynote address at the American Bar Association’s 36th National Institute on White Collar Crime, new Deputy Attorney General (DAG) Lisa Monaco announced several policy changes to the Department of...more
On June 3, 2021, President Biden issued the first National Security Study Memorandum of his presidency, in which he declared fighting corruption “a core United States national security interest.” The Memorandum sets out the...more
6/9/2021
/ Anti-Corruption ,
Biden Administration ,
Bribery ,
Corruption ,
Cross-Border Transactions ,
Economic Sanctions ,
Enforcement Guidance ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Money Laundering ,
National Security ,
Presidential Memorandum ,
White Collar Crimes
Building off a 2018 alert outlining cyber threats generally, and following the federal indictment for money laundering of the founders of the offshore cryptocurrency exchange BitMEX, on Oct. 8, 2020, the U.S. Department of...more
10/13/2020
/ Bitcoin ,
BSA/AML ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Enforcement Priorities ,
Federal Agency Taskforce ,
FinCEN ,
Money Laundering ,
Money Services Business ,
Popular ,
White Collar Crimes
On July 3, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released the Second Edition of their joint Resource Guide to the U.S. Foreign Corrupt Practices Act (Resource Guide or Guide). ...more
When Law No. 2016-1691 (Sapin II Law) created the convention judicaire d’intérêt public (CJIP), modeled after the American deferred prosecution agreement (DPA), it was feared that the existence of potentially dueling French...more
8/21/2019
/ AFA ,
Anti-Corruption ,
CJIP ,
Cooperation ,
Corporate Misconduct ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
France ,
Internal Investigations ,
Sapin II ,
Self-Reporting ,
White Collar Crimes
On April 30, 2019, Brian A. Benczkowski, the assistant attorney general for the Criminal Division of the United States Department of Justice, announced the release of an updated version of the Criminal Division’s guidance for...more
Danske Bank is likely to again become the target of a formal investigation in France. A Paris court began investigating Danske Bank in October 2017 in relation to transactions of its Estonian branch, between 2008 and 2011,...more
2/1/2019
/ Corruption ,
Danske Bank ,
Enforcement Actions ,
Estonia ,
EU ,
Financial Transactions ,
France ,
Investigations ,
Money Laundering ,
Reasonable Suspicion ,
Regulatory Violations ,
White Collar Crimes
In a speech delivered on Thursday, Nov. 29, 2018, Deputy Attorney General Rod Rosenstein described important changes to DOJ policies for awarding cooperation credit in corporate investigations. These changes have been...more
12/4/2018
/ Cooperation Agreement ,
Corporate Investigations ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Individual Accountability ,
Policy Statement ,
White Collar Crimes ,
Willful Misconduct ,
Yates Memorandum
Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 -
On Sept. 5, 2018, the Court of Appeal of England and Wales handed down a unanimous...more
9/26/2018
/ Appeals ,
Attorney-Client Privilege ,
Bribery ,
Corruption ,
Criminal Investigations ,
Declaratory Relief ,
Document Productions ,
Electronically Stored Information ,
Internal Investigations ,
Legal Advice Privilege ,
Litigation Privilege ,
Natural Resources ,
Self-Reporting ,
Serious Fraud Office (SFO) ,
UK ,
Whistleblowers ,
White Collar Crimes
On March 1, 2018, John P. Cronan, the acting head of the Department of Justice’s Criminal Division, and Benjamin Singer, Chief of the Fraud Section’s Securities and Financial Fraud Unit, announced at the American Bar...more
In a pair of decisions issued on June 5, the Supreme Court sharply curtailed the scope of financial sanctions available in civil securities enforcement and criminal drug trafficking cases. In addition to the results, which...more
6/9/2017
/ Disgorgement ,
Enforcement Actions ,
Financial Services Industry ,
Forfeiture ,
Forfeiture Statutes ,
Honeycutt v. United States ,
Investment Management ,
Joint and Several Liability ,
Kokesh v SEC ,
Misappropriation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Statute of Limitations ,
White Collar Crimes