On January 12, 2021, the Department of Justice (the “DOJ”) settled its first civil action for alleged fraud against the Paycheck Protection Program (the “PPP”) – the primary lending program under the Coronavirus Aid, Relief,...more
1/27/2021
/ CARES Act ,
Civil Liability ,
Civil Monetary Penalty ,
Corporate Counsel ,
Damages ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
FIRREA ,
Fraud ,
Loans ,
Paycheck Protection Program (PPP) ,
SBA ,
White Collar Crimes
On January 1, 2021, Congress overrode President Trump’s veto of the National Defense Authorization Act for Fiscal Year 2021, an omnibus bill that includes the Anti-Money Laundering Act of 2020 (the “AMLA”). The AMLA...more
The question of how to define the parameters of personal liability for compliance officers in the financial services industry has been around for several years. In a 2015 speech, then-SEC Enforcement Director Andrew Ceresney...more
On August 14, 2020, the Department of Justice (the “DOJ”) issued its first Foreign Corrupt Practices Act (the “FCPA”) advisory opinion in almost six years....more
The COVID-19 pandemic has caused extreme market turmoil. While it appears that the initial shock is subsiding, there is the possibility that market volatility will continue if there is another surge in COVID-19 cases and as...more
On June 22, 2020, the U.S. Supreme Court issued its highly anticipated decision in Liu v. Securities and Exchange Commission, which found that disgorgement awards that do not exceed a wrongdoer’s net profits (gross profits...more
7/2/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
In March 2020, the U.S. government took extreme measures to crack down on the spread of COVID-19, including largely shutting down international air travel. However, no quarantine, lockdown, or social distancing measure...more
On May 5, 2020, the Department of Justice (the “DOJ”) brought its first charges for defrauding the CARES Act Paycheck Protection Program (the “PPP”)....more
The Paycheck Protection Program (PPP) was originally funded with $349 billion, and Congress recently appropriated another $310 billion for the program. ...more
The Coronavirus Aid, Relief and Economic Security Act (the “CARES Act” or the “Act”) provides over $2 trillion in economic relief to eligible businesses and individuals affected by the COVID-19 pandemic. As with prior...more
On June 17, 2019, in Gamble v. United States, the U.S. Supreme Court held that the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit a successive federal prosecution of an individual for...more
Join BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team for a complimentary webinar on trends and predictions for 2019 in the cross-border government investigations and enforcement...more
4/25/2019
/ CFTC ,
Compliance ,
Continuing Legal Education ,
Criminal Investigations ,
Cross-Border ,
Defense Strategies ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Authority ,
Foreign Nationals ,
Government Investigations ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Strategic Enforcement Plan ,
Webinars ,
White Collar Crimes
BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is pleased to release its 2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review, a resource for...more
4/3/2019
/ Blockchain ,
CFTC ,
Corruption ,
Cross-Border ,
Cryptocurrency ,
Cyber Crimes ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Money Laundering ,
Popular ,
Securities Fraud ,
Trade Secrets ,
Whistleblowers
As the first year of a new administration, 2017 was a year of transition in terms of both leadership and priorities of U.S. law enforcement agencies. Despite these changes, however, pre-existing trends in cross-border...more
3/22/2018
/ Anti-Corruption ,
Bribery ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Financial Conduct Authority (FCA) ,
Guilty Pleas ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Spoofing ,
UK ,
Whistleblowers
Join BakerHostetler for a complimentary webinar on trends and predictions for 2018 in the cross-border government investigations and enforcement landscape. This year has seen a marked uptick in international coordination in...more
Welcome to BakerHostetler’s 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review. This edition delivers news, analysis and insights into key developments in the cross-border investigations...more
9/20/2017
/ Anti-Money Laundering ,
CFTC ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Joint Comprehensive Plan of Action (JCPOA) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
SFO ,
UK ,
Whistleblowers
The increasing interconnectivity of global markets has become a significant driver of the regulatory and enforcement trends of U.S. and foreign nations. In 2016, U.S. authorities continued their aggressive approach to...more
Halfway through 2016, the international community has seen a staggering variety of cross-border investigations and enforcement actions. Brexit, the release of the Panama Papers, allegations of widespread sports doping and the...more
9/16/2016
/ Broker-Dealer ,
CFTC ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EMIR ,
Export Controls ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Hackers ,
Money Laundering ,
Panama Papers ,
Popular ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Spoofing ,
UK
The recent appellate court decision in Microsoft Corp. v. United States, No. 14-2985, slip op. (2d Cir. July 14, 2016) (Microsoft Ireland), represents an important setback for the U.S. government’s aggressive extraterritorial...more
Globalization has connected people, companies, and products across national borders more than ever. Goods and services developed in one part of the world are readily available in other parts of the world and technology is...more
3/11/2016
/ Accounting Fraud ,
Anti-Money Laundering ,
Dodd-Frank ,
Government Investigations ,
Insider Trading ,
Racketeering ,
Regulatory Oversight ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Spoofing ,
UK ,
Whistleblowers
On September 9, 2015, Sally Quillian Yates, the Deputy Attorney General, issued a memorandum announcing the Department of Justice’s (DOJ) new guidelines regarding its intensifying focus on individual wrongdoers in the context...more
On July 30, 2015, Andrew Weissman, the chief of the Fraud Section of the U.S. Department of Justice (DOJ) Criminal Division, announced that the DOJ is in the process of hiring a former prosecutor to serve as a full-time...more