Companies that promptly self-disclose and remediate potential violations of administrative or criminal law may significantly mitigate liability.
On July 26, 2023, the US Departments of Justice (DOJ), Commerce, and the...more
8/3/2023
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Authority ,
Export Controls ,
Exports ,
Joint Policy Statements ,
Joint Statements ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanction Violations ,
Self-Reporting
The first-ever tri-seal Note highlights tactics used to circumvent Russia-related restrictions, while NSD adds 25 prosecutors focusing on sanctions and export controls.
In May 2022, shortly after hostilities in Ukraine...more
3/21/2023
/ Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Military Conflict ,
Risk Management ,
Russia ,
Sanction Violations ,
U.S. Commerce Department ,
U.S. Treasury ,
Ukraine
The joint Strike Force will focus on shielding advanced US technology from nation-state adversaries and on prosecuting export controls violations.
On February 16, 2023, the US Departments of Justice and Commerce announced...more
Companies that self-disclose, cooperate, and remediate could benefit from significantly reduced fines and possible declinations even in cases with aggravating factors.
In a speech at Georgetown University Law Center on...more
2/7/2023
/ Bribery ,
Chief Compliance Officers ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Corruption ,
Declination ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus.
Recent...more
Economic aid legislation will likely result in increased scrutiny of certain industries, similar to investigations that followed relief efforts in the 2008 financial crisis.
Key Points:
..The CARES Act creates multiple...more
Shift in control of the House of Representatives dramatically alters the focus of oversight and investigations through 2020.
Key Points:
..The Democratic majority in the House of Representatives will significantly...more
Court denies the US government’s petition for rehearing, despite argument the decision will hinder cross-border investigations and prosecutions.
Key Points:
..Second Circuit bars government’s reliance on testimony...more
The court’s Martoma decision reinvigorates the US government’s ability to prosecute insider trading cases.
Key Points:
- The majority opinion overrules recent case law requiring that an insider have a meaningfully close...more
9/6/2017
/ Confidential Information ,
Corporate Counsel ,
Dirks v SEC ,
Gifts ,
Insider Trading ,
Martoma ,
Personal Benefit ,
Securities Violations ,
Tippers ,
US v Newman ,
US v Salman
DOJ may revise policies on using investigatory tools to procure information about the media, with significant legal and business implications.
Key Points:
..The review marks DOJ’s second significant evaluation of media...more
The court vacates LIBOR convictions with significant implications for US criminal cases involving cross-border investigations.
Key Points:
..The Fifth Amendment also limits the use a defendant’s statements compelled by...more