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
This is the final in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year.
Throughout 2024, enforcement of international trade laws continued to gather pace...more
3/14/2025
/ Arms Export Control Act ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Compliance ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Enforcement Actions ,
Enforcement Priorities ,
EU ,
EU Directive ,
Export Controls ,
International Trade ,
Iran ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
Sanction Violations ,
Tariffs ,
Trump Administration ,
U.S. Treasury ,
UK
FinCEN has once again changed course on enforcement of the CTA. On February 27, 2025, FinCEN announced that it will not issue any fines or penalties or take any other enforcement actions against reporting companies based on a...more
3/3/2025
/ Beneficial Owner ,
Corporate Transparency Act ,
Enforcement Actions ,
Filing Deadlines ,
FinCEN ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Small Business ,
Temporary Hold
On January 23, 2025, the U.S. Supreme Court stayed a nationwide preliminary injunction of the Corporate Transparency Act (“CTA”) previously issued by the U.S. Federal District Court for the Eastern District of Texas (Texas...more
1/27/2025
/ Appeals ,
Beneficial Owner ,
Compliance ,
Constitutional Challenges ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Filing Requirements ,
FinCEN ,
Preliminary Injunctions ,
Regulatory Requirements ,
Smaller Reporting Companies ,
Texas
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
As the incoming Trump administration prepares to take office, businesses and investors can expect significant shifts in the enforcement priorities of the Securities and Exchange Commission (SEC) and the Commodity Futures...more
11/12/2024
/ Anti-Money Laundering ,
CFIUS ,
CFTC ,
Corporate Transparency Act ,
Cryptoassets ,
Cryptocurrency ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
FinCEN ,
Foreign Investment ,
Insider Trading ,
Investors ,
National Security ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Trade Relations ,
Trump Administration
On July 23, 2024, the Committee on Foreign Investment in the United States (CFIUS) published its Annual Report to Congress for the Calendar Year 2023. The report provides key statistics on the CFIUS process and the...more
On April 24, 2024, President Biden signed into law the 21st Century Peace through Strength Act, Pub. L. No. 118-50 (the “Act”). By doing so, the statute of limitations (“SoL”) for violations, both criminal and civil, of IEEPA...more
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 tenth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. Our previous post, "Health Care Fraud Enforcement in 2024," can be found here....more
4/18/2024
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Russia ,
US Trade Policies ,
White Collar Crimes
Customs and Border Protection Impounds Thousands of Volkswagen Vehicles -
On February 14, 2024, it was reported that U.S. Customs and Border Protection (“CBP”) had impounded thousands of Volkswagen Group’s (“Volkswagen”)...more
The U.S. Congress has passed the Foreign Extortion Prevention Act (“FEPA”), as part of the National Defense Authorization Act for Fiscal Year 2024 (“NDAA”). On December 14, 2023, the measure was sent to President Biden, who...more
As the standoff in Congress on the budget threatens to shut down vast swaths of the federal government, we write to remind clients about how a federal government shutdown would affect international trade and investment. The...more
10/2/2023
/ Appropriations Bill ,
Bureau of Industry and Security (BIS) ,
Census Bureau ,
CFIUS ,
Customs and Border Protection ,
Enforcement Actions ,
Federal Budget ,
Federal Funding ,
Government Shutdown ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
U.S. Commerce Department
On July 26, 2023, the U.S. Department of Justice’s (“DOJ”) National Security Division (“NSD”), the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”), and the U.S. Department of the Treasury’s Office of...more
8/3/2023
/ Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Financial Crimes ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Self-Disclosure Requirements ,
U.S. Commerce Department ,
U.S. Treasury ,
Voluntary Disclosure
The centrality of international trade laws in the development and execution of U.S. foreign policy has never been more evident than in 2022. Companies that have not invested in international trade compliance programs are...more
4/21/2023
/ Belarus ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
CFIUS ,
China ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Export Controls ,
Financial Services Industry ,
Foreign Direct Investment ,
Human Rights ,
International Trade ,
Iran ,
National Security ,
Nicaragua ,
Russia ,
Trade Restrictions ,
U.S. Commerce Department ,
UK ,
US Department of State ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Venezuela ,
Virtual Currency ,
Withhold Release Orders (WROs)
CFIUS reviewed a record number of transactions in 2021 according to its most recent annual report – and shows no signs of slowing down.
High technology (including quantum computing), life sciences, and green energy...more
2/9/2023
/ Aerospace ,
Artificial Intelligence ,
Biden Administration ,
Biotechnology ,
CFIUS ,
China ,
Clean Energy ,
Cybersecurity ,
Data Processors ,
Defense Production Act ,
Enforcement Actions ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
Infrastructure ,
Insurance Industry ,
International Trade ,
Life Sciences ,
National Security ,
OSTP ,
Penalties ,
Popular ,
Semiconductors ,
Supply Chain ,
Technology Sector ,
Telecommunications
On Friday, January 28, 2022, U.S. Customs and Border Protection (“CBP”) issued a Withhold Release Order (“WRO”) on disposable gloves produced in Malaysia by TY Industry Holdings Sdn Bhd (“YTY Group”), including YTY Industry...more
Ransomware payments continue to be a focus of the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). As previously reported by Foley Hoag, on October 1, 2020, OFAC released an advisory regarding potential...more
10/1/2021
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Enforcement Actions ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Proposed Legislation ,
Ransomware ,
Regulatory Oversight ,
Sanctions ,
SDN List ,
U.S. Treasury
On May 28, 2021, U.S. Customs and Border Protection (“CBP”) released the first Withhold-Release Order (“WRO”) of the Biden administration on seafood from Dalian Ocean Fishing Co., Ltd. (“Dalian”), a Chinese company, due to...more