The U.S. Department of Justice’s ("DOJ") Criminal Division recently issued a memorandum outlining a shift in the DOJ’s priorities and policies for prosecuting white-collar crime (the “Memorandum”). Issued by the Head of the...more
5/23/2025
/ Criminal Investigations ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Fraud and Abuse ,
Healthcare Fraud ,
Tariffs ,
Trump Administration ,
Waste ,
Whistleblowers ,
White Collar Crimes
Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more
4/23/2025
/ Anti-Corruption ,
California ,
Competition ,
Consumer Protection Act ,
Consumer Protection Laws ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
New York ,
Private Right of Action ,
State and Local Government ,
State Attorneys General ,
Trump Administration ,
Unfair Competition
During the week of March 16, 2025, three regulators with significant extra-territorial anti-corruption enforcement jurisdiction announced plans to create a new International Anti-Corruption Prosecutorial Taskforce (the...more
On February 10, 2025, President Trump issued an executive order (EO) directing Attorney General Pam Bondi to effectively pause the Justice Department’s enforcement of the Foreign Corrupt Practices Act (FCPA). This was the...more
2/17/2025
/ Anti-Corruption ,
Attorney General ,
Compliance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Securities and Exchange Commission (SEC) ,
Trump Administration
On February 5, 2025, on her first day in office, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”) in a broad range of enforcement arenas. Among these Day...more
2/7/2025
/ Anti-Corruption ,
Attorney General ,
Corporate Counsel ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
White Collar Crimes
This is the second in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
1/24/2025
/ Anti-Corruption ,
Australia ,
China ,
Clawbacks ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement Actions ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
UK ,
Whistleblower Awards ,
Whistleblowers
The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing...more
7/3/2024
/ Anti-Corruption ,
BlackRock ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Educational Institutions ,
Enforcement ,
Enforcement Actions ,
Export Controls ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Tennessee
This is the seventh in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
3/21/2024
/ Acquisitions ,
Anti-Corruption ,
China ,
Clawbacks ,
Corporate Governance ,
Enforcement Actions ,
EU ,
Federal Pilot Programs ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Latin America ,
Mergers ,
OECD ,
Self-Disclosure Requirements ,
UK ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers
U.S. Policy Developments -
Since the fall of 2022, DOJ has made several policy pronouncements in connection with its efforts to combat corporate crime. While it remains to be seen how these policies will ultimately affect...more
4/5/2023
/ Anti-Corruption ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disclosure ,
Enforcement Actions ,
FATF ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Remediation ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements
Earlier in January 2023, the U.S. Department of Justice (DOJ) announced revisions to its Corporate Enforcement Policy (CEP) under the Foreign Corrupt Practices Act (FCPA) for the first time since 2017. In his speech...more
2/1/2023
/ Acquisitions ,
Anti-Corruption ,
Corporate Crimes ,
Corporate Governance ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Mergers ,
Self-Disclosure Requirements ,
White Collar Crimes
On October 28, 2021, Deputy Attorney General Lisa Monaco released a memo setting out “Initial Revisions to Corporate Criminal Enforcement Policies.” The memo indicated that the Department of Justice would place greater...more
On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins...more
8/23/2022
/ Acquittals ,
Alstom ,
Appeals ,
Bribery ,
Corporate Counsel ,
Criminal Convictions ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Money Laundering ,
White Collar Crimes
On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential...more
This is the second post in this year’s series examining important trends and new development in white collar law and investigations. Our previous post discussed health care enforcement. Up next: trends in tax...more
2/17/2022
/ Anti-Corruption ,
Biden Administration ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Governments ,
Internal Controls ,
Money Laundering ,
OECD ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
This is the third in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed sanctions and export control trends....more
3/19/2021
/ Anti-Corruption ,
Asia ,
Biden Administration ,
CFTC ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Latin America ,
NDAA ,
Securities and Exchange Commission (SEC) ,
UK ,
White Collar Crimes
On July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As...more
7/7/2020
/ Aiding and Abetting ,
Bribery ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Disgorgement ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Mens Rea ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations
Editors’ Note: This is the third in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed healthcare fraud in 2020. Up next: a look at...more
1/13/2020
/ Bribery ,
Compliance ,
Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
Internal Controls ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
Based on Evidence He Acted as Agent of U.S. Subsidiary in Carrying Out Bribery Scheme -
Overview -
In November, a jury sitting in the U.S. District Court for the District for Connecticut convicted Lawrence Hoskins, a...more
Introduction -
In the recent, long-awaited decision in United States v. Hoskins, the U.S. Court of Appeals for the Second Circuit rejected the expansive interpretation of FCPA jurisdiction over foreign individuals put...more
Under the new FCPA Corporate Enforcement Policy recently released by the Department of Justice (“DOJ”), when a company has voluntarily self-disclosed misconduct, fully cooperated in the government’s ensuing investigation, and...more
The U.S. Foreign Corrupt Practices Act turned forty this year. The Department of Justice is marking that anniversary by announcing a new Corporate Enforcement Policy specific to FCPA matters. The new Policy makes explicit...more
A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act ("FCPA”). The decision from the federal district court in New York denied...more