In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water...more
3/30/2023
/ Biden Administration ,
CERCLA ,
Compliance ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
State and Local Government ,
Toxic Chemicals
On February 22, 2023, the US Department of Justice issued a nationwide policy for all US Attorney’s Offices (USAOs) outlining the circumstances in which a company may receive credit for voluntary self-disclosure (VSD)....more
On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. (AAG Polite) announced changes to the Department of Justice’s (DOJ) FCPA Corporate Enforcement Policy (CEP). The CEP, which applies to all Criminal...more
1/25/2023
/ Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Priorities ,
Forfeiture ,
Restitution ,
Voluntary Disclosure ,
White Collar Crimes
On September 15, 2022, Department of Justice (DOJ) Deputy Attorney General (Deputy AG) Lisa Monaco announced new guidance for the DOJ’s corporate enforcement policies, which is memorialized in the Memorandum on Further...more
Recent legislation in California may increase legal costs, make settlements more difficult, and risk confidential business information being released to the public. The Public Right to Know Act of 2022 seeks to prohibit...more
5/25/2022
/ Compliance ,
Contract Terms ,
Enforcement ,
Environmental Violations ,
Hazardous Substances ,
New Legislation ,
Product Defects ,
Rebuttable Presumptions ,
Right To Know ,
Settlement Agreements ,
State Bar Associations
On March 7, 2022, the Financial Crimes Enforcement Network (FinCEN) issued an alert calling on financial institutions to be “vigilant” in guarding against attempts to evade the recent imposition of expanded Russia sanctions....more
3/21/2022
/ Anti-Money Laundering ,
Compliance ,
Economic Sanctions ,
Financial Institutions ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Reporting Requirements ,
Risk Management ,
Russia ,
Terrorist Financing Regulations ,
Virtual Currency
On December 17, 2021, a financial institution agreed to pay $200 million in fines to the Securities and Exchange Commission and Commodities Futures Trading Commission for allowing employees to discuss business on their...more
1/7/2022
/ CFTC ,
Commodity Exchange Act (CEA) ,
Compliance ,
Corporate Fines ,
Department of Justice (DOJ) ,
Discovery ,
Electronic Communications ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Instant Messaging Apps ,
Internal Controls ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
WhatsApp ,
White Collar Crimes
As companies continue to focus on improving their ESG credentials, they are constantly assessing their environmental management systems and compliance programs for potential areas of ESG-related risk. The reason is...more
On October 28, 2021, Deputy Attorney General (Deputy AG) Lisa O. Monaco gave remarks explicitly warning companies that the US Department of Justice (DOJ) intends to increase its efforts and devote additional resources to...more
11/2/2021
/ Compliance ,
Compliance Monitoring ,
Cooperation ,
Corporate Crimes ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Government Investigations ,
Individual Accountability ,
Non-Prosecution Agreements ,
Policy Statement ,
Professional Misconduct ,
White Collar Crimes ,
Yates Memorandum
On August 14, 2020, the US Department of Justice (the DOJ) issued its first Foreign Corrupt Practices Act (FCPA) Opinion Procedure Release in six years, which relayed that it did not intend to pursue an enforcement action...more
8/25/2020
/ Advisory Opinions ,
Banks ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fees ,
Foreign Banks ,
Foreign Corrupt Practices Act (FCPA) ,
Investment Adviser ,
Multinationals ,
State-Owned Enterprises ,
Subsidiaries
On June 1, 2020, the US Department of Justice (DOJ) released revised guidance for evaluating a company’s corporate compliance program. Since its creation in 2017, the Evaluation of Corporate Compliance Programs (Guidance) has...more
On May 2, 2019, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued guidance titled “A Framework for OFAC Compliance Commitments” (Guidance), providing direction regarding what OFAC considers to...more
5/15/2019
/ Anti-Money Laundering ,
Audits ,
Chief Compliance Officers ,
Compliance ,
Corporate Governance ,
Corporate Management ,
Department of Justice (DOJ) ,
Dubai ,
Enforcement ,
Enforcement Actions ,
Enforcement Authority ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Foreign Corrupt Practices Act (FCPA) ,
Guidance Update ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Internal Controls ,
Monetary Authority of Singapore ,
Office of Foreign Assets Control (OFAC) ,
Personal Liability ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
Singapore ,
Training ,
U.S. Treasury ,
UK
Last week, the US Department of Justice (DOJ) released its updated guidance on how prosecutors should evaluate corporate compliance programs. The revised guidance reiterates and expands on the hallmarks of successful...more
A former banker has agreed to forfeit $43.7 million and has pled guilty to Foreign Corrupt Practices Act (FCPA) violations and money laundering in one of the largest individual FCPA enforcement cases to date. The two-count...more
On May 9, 2018, in speech before the New York City Bar White Collar Crime Institute, Deputy Attorney General Rod Rosenstein stated the US Department of Justice (DOJ) will implement a new policy to discourage multiple...more
On November 29, 2017, the US Department of Justice (DOJ) issued a revised Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy and sweetened the deal for companies that self-report instances of foreign bribery....more
SUTHERLAND’S THREE C'S: CONSENT, COMPLIANCE, COMMUNICATION -
What is the TCPA?
The Telephone Consumer Protection Act of 1991 (TCPA) protects consumers from unwanted telemarketing calls, prerecorded or autodialed...more