For more than a decade, the U.S. Securities and Exchange Commission (the “SEC”) has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. On June 27, 2024, the U.S....more
7/1/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Seventh Amendment
Since generative AI burst into the mainstream, companies have raced to capitalize on its extraordinary promise. But as with any technological frontier, this promise does not come without risks, and companies can expect to...more
6/25/2024
/ Algorithms ,
Antitrust Violations ,
Artificial Intelligence ,
Competition ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Electricity ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Market Manipulation ,
Transmission Grid ,
USPTO
The Department of Justice is stepping up its focus on artificial intelligence (“AI”), with officials warning that harsher penalties could be in store for those who deliberately misuse the technology to commit white collar...more
It is one of the hardest questions a company can face: after discovering criminal conduct inside your company, do you self-report to the government or not? The reality is that when faced with the question of self-reporting,...more
In a long overdue move to fill a perceived gap in U.S. law, this year’s National Defense Authorization Act included a new law that will finally criminalize the solicitation of bribes by foreign officials....more
The U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”) — the federal agency tasked with regulating the U.S. derivatives markets, which includes futures, swaps and certain kinds of options — has recently taken...more
It is one of the hardest questions a company can face: after discovering criminal conduct inside your company, do you self-report to the government or not? If you can quickly and quietly fix the problem, then you may be able...more
10/13/2023
/ Corporate Misconduct ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Disgorgement ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Incentives ,
Internal Investigations ,
Safe Harbors ,
Self-Reporting ,
White Collar Crimes
Earlier this month, a federal judge vacated two convictions related to the Department of Justice’s (“DOJ”) investigation into corruption in international soccer, widely known as the “FIFA Case.” Despite the jury’s findings...more
10/2/2023
/ Anti-Corruption ,
Bribery ,
Department of Justice (DOJ) ,
Enron ,
Fédération Internationale de Football Association (FIFA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Honest Services Fraud ,
Kickbacks ,
Soccer ,
Travel Act ,
Wire Fraud
In an apparent response to a downturn in corporate cases and criticism that its harsh rhetoric was chilling corporate cooperation, the Department of Justice (“DOJ”) recently announced significant changes to its policy on...more
In announcing recent changes to its corporate criminal enforcement policies, the Department of Justice (“DOJ” or the “Department”) continued its forceful “tough on crime” initiatives to deter wrongdoing....more
9/27/2022
/ Clawbacks ,
Compliance ,
Corporate Governance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Investigations ,
Non-Prosecution Agreements ,
Recidivism ,
Self-Reporting ,
Transparency
Earlier this month, Deputy Attorney General Lisa O. Monaco spoke on cybersecurity developments at the International Conference on Cyber Security (“ICCS”); the same day, the U.S. Department of Justice (“DOJ”) released its...more
Enforcement of corporate crimes, which languished for two years during the COVID-19 pandemic, will grow more vigorous this year and may be accompanied by significantly tougher penalties, partners with Vinson & Elkins’ (“V&E”)...more
5/27/2022
/ Anti-Corruption ,
Bribery ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Crimes ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Ransomware ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
White Collar Crimes
A review of President Biden’s proposed Budget (“Budget”) for 2023 spotlights the enforcement priorities of the president’s Justice Department as the administration enters its third year. ...more
4/21/2022
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crime Victims ,
Cybersecurity ,
Department of Justice (DOJ) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Federal Budget ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Joe Biden ,
Popular ,
Procurement Collusion Strike Force ,
Securities and Exchange Commission (SEC) ,
The Clayton Act
In a dramatic departure from prior practice, the U.S. Department of Justice (“DOJ”) recently released its first Opinion Procedure Release (“OPR”) in over eight years, and perhaps responding to criticism from the business...more
In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more
1/13/2022
/ Attorney-Client Privilege ,
Controlled Substances ,
Corporate Counsel ,
Crisis Management ,
DEA ,
Federal Rules of Civil Procedure ,
Internal Investigations ,
Motion to Compel ,
Privilege Waivers ,
Privileged Communication ,
Public Relations ,
Public Statements ,
Subpoenas ,
Third-Party
On December 21, 2021, the U.S. Department of Justice (“DOJ”) announced a resolution of its criminal investigations into NatWest Markets Plc (“NatWest”), a global banking and financial services firm based in the United...more
1/12/2022
/ Banking Sector ,
Corporate Counsel ,
Corporate Monitoring ,
Department of Justice (DOJ) ,
Financial Services Industry ,
Foreign Currency ,
Forfeiture ,
Fraud ,
Non-Prosecution Agreements ,
Restitution ,
Securities Fraud ,
Spoofing ,
U.S. Treasury ,
UK ,
Wire Fraud
With the holiday season upon us, companies waiting for a nice surprise this Christmas are more likely to find a lump of coal in their stocking. In a series of recent announcements, Department of Justice (“DOJ”) officials have...more
When companies get into trouble, it’s common practice for the government to call on independent third parties to help clean up the mess.
Companies under investigation by the Department of Justice (“DOJ”) often agree to...more
A new sheriff is in town — and that means the potential for big changes ahead for white-collar criminal enforcement in terms of specific areas of focus and volume of investigations...more
6/25/2021
/ Attorney General ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
No-Poaching ,
White Collar Crimes
One of the unique, and often overlooked, investigative bodies in Washington, D.C. is the United States Congress. With Representatives and Senators in constant fundraising and re-election cycles and the constant challenge of...more
While everyone expects the Department of Justice (“DOJ”), Securities and Exchange Commission (“SEC”) and other well-known enforcement agencies to increase enforcement under the Biden administration, few people are talking...more
As the Biden Administration gains its footing and key positions begin to be filled in the government, there promises to be a significant uptick in enforcement, especially in the areas of antitrust and white collar crime. In...more
Two weeks ago, the Department of Justice (“DOJ”) announced two significant enforcement actions and shut down NetWalker and Emotet, powerful tools that had been used by alleged criminal networks engaging in widespread...more
On December 16, 2020, the SEC passed a new rule which will require publicly traded companies operating in the oil and gas industries to disclose payments that they make to foreign governments. The SEC voted to adopt rules...more
During a roundtable at the Fifth International Debarment Colloquium last month, Joseph Mauro, a spokesperson for the Compliance Unit of the World Bank Group’s (“World Bank”) Integrity Vice Presidency (“INT”), announced recent...more