Takeaways -
The DOJ will take a more proactive approach to FCPA investigations.
Companies seeking cooperation credit must disclose information about all culpable individuals, not just those “substantially involved” in...more
Forecasting the enforcement priorities of the Department of Justice (DOJ) under a new administration is difficult at best. However, the Biden administration is widely expected to be tougher on corporate crime than its...more
1/27/2021
/ Anti-Bribery ,
CFTC ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Regulatory Authority ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
On July 3, 2020, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) jointly released the second edition of the “Resource Guide to the U.S. Foreign Corrupt Practices Act,” which was...more
7/17/2020
/ Accounting Controls ,
Acquisitions ,
Co-Conspirators ,
Compliance ,
Conspiracies ,
Department of Justice (DOJ) ,
Disgorgement ,
Due Diligence ,
FCPA Resource Guide ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Instrumentality ,
Intent ,
Meals-Gifts-and Entertainment Rules ,
Mergers ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Third Party Payments ,
Travel
In 2019, the Criminal Division of the U.S. Department of Justice (DOJ) continued its efforts, begun a few years prior, to enhance transparency with respect to the DOJ's prosecutorial decision-making. In public statements, DOJ...more
1/23/2020
/ Cooperation ,
Corporate Cooperation Credits ,
Corporate Misconduct ,
Corporate Officers ,
Criminal Convictions ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Fifth Amendment ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Individual Accountability ,
Internal Investigations ,
Prosecutorial Discretion ,
Self-Disclosure Requirements ,
Self-Reporting ,
Transparency ,
White Collar Crimes ,
Yates Memorandum
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more
10/3/2019
/ Anti-Money Laundering ,
Appeals ,
Blocking Statutes ,
Bribery ,
CFTC ,
China ,
CLOUD Act ,
Communication Restrictions ,
Compliance ,
Conspiracies ,
Cooperation Agreement ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Criminal Prosecution ,
Cross-Border Transactions ,
Cryptocurrency ,
Cybersecurity ,
Deferred Prosecution Agreements ,
Denial of Certiorari ,
Department of Justice (DOJ) ,
Deutsche Bank ,
Disclosure ,
Dodd-Frank ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
EURIBOR ,
Exports ,
Extradition ,
Extraterritoriality Rules ,
Financial Conduct Authority (FCA) ,
Financial Records ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Exchanges ,
France ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Government Investigations ,
Hackers ,
Hungary ,
Imports ,
India ,
Indictments ,
Information Sharing ,
Iran Sanctions ,
Israel ,
Lithuania ,
Money Laundering ,
Morrison v National Australia Bank ,
Multinationals ,
Office of Foreign Assets Control (OFAC) ,
Opioid ,
Pharmaceutical Industry ,
Popular ,
Rate-Rigging ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Spoofing ,
Subpoenas ,
Swiss Supreme Court ,
Switzerland ,
Tax Crimes ,
Tax Evasion ,
Tax Treaty ,
Turkey ,
UK ,
United States ,
Venezuela ,
Wal-Mart
On January 29-30, 2019, Skadden and Han Kun Law Offices co-hosted two seminars — first in New York, then in Washington, D.C. — titled “Enforcement Focus on China: What Companies Should Do to Be Prepared.” Topics included the...more
2/11/2019
/ Anti-Corruption ,
China ,
Civil Liability ,
Compliance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Discovery ,
Enforcement Actions ,
Extradition ,
Federal Rules of Criminal Procedure ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Defendants ,
Foreign Policy ,
International Litigation ,
Multinationals ,
National Security ,
Trump Administration
The Department of Justice (DOJ) appears to be continuing to revamp its approach to companies suspected of financial crimes, and emphasize the importance of prosecutions of individuals. In a number of speeches in 2018, senior...more
1/21/2019
/ Amended Rules ,
Civil Monetary Penalty ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Criminal Antitrust Litigation ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Individual Accountability ,
Market Manipulation
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more
1/7/2019
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Appeals ,
Attorney-Client Privilege ,
Brazil ,
Bribery ,
BSA/AML ,
China ,
Corporate Counsel ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Investigations ,
Cross-Border ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Protection Acts ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Exports ,
Extraterritoriality Rules ,
FATCA ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Forex ,
France ,
Government Investigations ,
Guilty Pleas ,
Hackers ,
Imports ,
International Litigation ,
Iran ,
Legal Professional Privilege ,
Libor ,
Litigation Privilege ,
Market Manipulation ,
Money Laundering ,
Multi-Jurisdictional Litigation ,
Multinationals ,
NYDFS ,
Privileged Communication ,
Russia ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
SFO ,
Spoofing ,
Tax Fraud ,
Traders ,
UK ,
Unexplained Wealth Orders (UWOs) ,
United Arab Emirates (UAE) ,
Yates Memorandum
On November 29, 2018, in a speech at the 35th International Conference on the Foreign Corrupt Practices Act, U.S. Deputy Attorney General Rod Rosenstein announced the Department of Justice’s (DOJ or the Department) revised...more
In a decision with implications for the extraterritorial reach of the Foreign Corrupt Practices Act (FCPA), the U.S. Court of Appeals for the Second Circuit held in United States v. Hoskins that a person may not “be guilty as...more
9/4/2018
/ Aiding and Abetting ,
Appeals ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Non U.S. Person ,
Physical Presence Test ,
Securities and Exchange Commission (SEC)
One year into the Trump administration, it remains difficult to forecast what lies ahead with respect to regulatory and white collar enforcement activity. Perhaps most instructive are recent public statements of officials at...more
1/29/2018
/ Broken Windows ,
CFTC ,
Civil Monetary Penalty ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Material Disclosures ,
Multi-Jurisdictional Litigation ,
Municipal Securities Issuers ,
Omissions ,
Ponzi Scheme ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Trump Administration ,
White Collar Crimes
In a speech yesterday at the 34th International Conference on the Foreign Corrupt Practices Act, U.S. Deputy Attorney General Rod Rosenstein announced the Department of Justice’s (DOJ) revised Foreign Corrupt Practices Act...more
12/1/2017
/ Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
Ethics ,
Federal Pilot Programs ,
Federal Sentencing Guidelines ,
Foreign Corrupt Practices Act (FCPA) ,
Personal Liability ,
Voluntary Disclosure
Forecasting the enforcement priorities of the Department of Justice (DOJ) under the Trump administration is difficult at best. Previous statements from both President Donald Trump and his nominee for attorney general, U.S....more
2/2/2017
/ Attorney General ,
Banks ,
Corporate Liability ,
Corporate Misconduct ,
Criminal Prosecution ,
Deregulation ,
Dodd-Frank ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Personal Liability ,
Political Appointments ,
Repeal ,
Trump Administration ,
White Collar Crimes ,
Yates Memorandum
U.S. authorities have been increasingly aggressive in their law enforcement and regulatory actions against multinational corporations and financial institutions, as well as individuals, in areas including market manipulation...more