The Supreme Court yet again unanimously overturned bribery convictions based on prosecutorial overreach via the honest services wire fraud statute. The steady stream of reversals fundamentally challenges the DOJ’s approach in...more
The First Circuit applied a narrow definition of “bribery” for honest services fraud under 18 U.S.C. § 1346. Payments made to the purportedly harmed party in the alleged bribery scheme—here, the universities—cannot...more
Last week, the Department of Justice (“DOJ”) announced a Compensation Incentives and Clawbacks Pilot Program (the “Pilot Program” or “Program”) that will apply to all corporate criminal resolutions with the Criminal Division...more
This week the Department of Justice rolled out its new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy.
The Policy, which is effective immediately, details when a company will be considered to have made...more
Il y a cinq ans, la France a promulgué sa loi anti-corruption, dite loi Sapin II1. Cette loi a introduit des innovations importantes, y compris la possibilité pour les entreprises de se voir proposer et de négocier une...more
Five years ago, France enacted its anti-corruption legislation, Sapin II. The law introduced a number of important innovations, including the ability for companies to be offered and to negotiate a French-style deferred...more
This week the DOJ published revisions to its Corporate Enforcement Policy designed to even further encourage companies to make voluntary self-disclosures of wrongdoing within their ranks, cooperate with investigations, and...more
1/20/2023
/ Compliance ,
Corporate Crimes ,
Corporate Fraud ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
FCPA Corporate Enforcement Policy (CEP) ,
Federal Sentencing Guidelines ,
Investigations ,
Remedial Actions ,
Securities Fraud ,
Self-Disclosure Requirements
A divided panel of the U.S. Court of Appeals for the Second Circuit held, on December 27, 2022, in United States v. Blaszczak (“Blaszczak II”) that an agency’s confidential, pre-decisional information did not count as...more
1/18/2023
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Information ,
Fraud ,
Hedge Funds ,
Insider Trading ,
Kelly v United States ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Wire Fraud
The Third Circuit Court of Appeals ruled yesterday in United States v. Banks1 that under the U.S. Sentencing Guidelines, “loss” means only actual loss and not intended loss.
Although the term “loss” is not explicitly...more
Late last week, the Department of Justice’s Deputy Attorney General, Lisa Monaco, announced several new guidelines for prosecutors to use when determining how to assess and treat corporate offenders....more
9/21/2022
/ Compliance ,
Compliance Monitoring ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement ,
Individual Accountability ,
New Guidance ,
Prior Wrongful Acts ,
Recidivism ,
Self-Disclosure Requirements ,
Transparency
There is an increasing legislative trend towards holding companies accountable for their own ESG practices as well as those of business partners within their supply chain.
...more
Il y a presque cinq ans, la France a promulgué sa loi anti-corruption, dite loi Sapin II. Cette loi, considérée comme disruptive à l'époque, a introduit des innovations importantes, y compris la possibilité pour les...more
1/6/2022
/ Anti-Corruption ,
Bribery ,
CJIP ,
Compliance Management Systems ,
Corruption ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
EU ,
Foreign Corporations ,
Foreign Jurisdictions ,
France ,
Internal Controls ,
Pending Legislation ,
Regulatory Agenda ,
Sapin II ,
Whistleblower Protection Policies ,
White Collar Crimes
Almost five years ago, France enacted its anti-corruption legislation, Sapin II. The law was considered ground-breaking at the time and introduced a number of important innovations, including the ability for companies to be...more
1/6/2022
/ Anti-Corruption ,
Bribery ,
CJIP ,
Compliance Management Systems ,
Corporate Counsel ,
Corruption ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
EU ,
Foreign Corporations ,
Foreign Jurisdictions ,
France ,
Internal Controls ,
Pending Legislation ,
Regulatory Agenda ,
Sapin II ,
Whistleblower Protection Policies ,
White Collar Crimes
In a year of increased volatility across the world’s financial markets, prosecutors, regulators and exchanges on both sides of the Atlantic sharpened their focus on “spoofing” – i.e., bidding or offering without the intent to...more
2/24/2021
/ CFTC ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Markets ,
Market Manipulation ,
Market Participants ,
Securities Regulation ,
Securities Traders ,
Securities Violations ,
Spoofing ,
UK ,
White Collar Crimes
In recent weeks, so-called “meme stocks” have demonstrated how statements by investors on social media can have an outsized impact on stock prices. Regulators have said that they are monitoring extreme volatility in certain...more
2/15/2021
/ Critical Infrastructure Sectors ,
Defamation ,
Financial Fraud ,
Financial Markets ,
Internet Memes ,
Investment ,
Investment Fraud ,
Online Commentary ,
Publicly-Traded Companies ,
Short Selling ,
Stock Prices
Since the enactment of Sapin II, the lead French investigating and prosecuting agencies have entered into eleven Conventions Judiciaire d’Intérêt Public (“CJIPs”), which are the French equivalent of deferred prosecution...more
France is off to a strong start enforcing Sapin II, its December 2016 anti-corruption legislation. Since the enactment of the statute, the lead French investigating and prosecuting agencies, the Parquet National Financier...more
8/8/2019
/ Anti-Corruption ,
CJIP ,
Confidentiality Policies ,
Cooperation Agreement ,
Corporate Monitoring ,
Criminal Investigations ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fines ,
France ,
Litigation Privilege ,
New Guidance ,
Prior Conviction ,
Sapin II ,
Self-Reporting ,
Serious Fraud Office (SFO) ,
UK ,
United States ,
Voluntary Disclosure