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
Throughout 2023 and early 2024, we continue to witness deepening geopolitical and economic divides globally. The U.S. and its allies (most significantly the EU and the G7), spurred on by Russia’s war in Ukraine, continue to...more
5/8/2024
/ China ,
Department of Justice (DOJ) ,
EU ,
G7 ,
Geopolitical Risks ,
International Trade ,
Iran ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
Trade Relations ,
Ukraine
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
On October 4, 2023, the U.S. Department of Justice (“DOJ”) announced a new Mergers & Acquisitions (“M&A”) Safe Harbor Policy to further encourage self-disclosures and provide companies with additional predictability in the...more
10/13/2023
/ Acquisitions ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement ,
Mergers ,
Safe Harbors ,
Voluntary Disclosure
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
On April 28, 2023, U.S. Attorney for the District of Massachusetts Rachel Rollins, joined by national and local federal enforcement officials from the Disruptive Technology Strike Force (DTSF), described the DTSF mission and...more
U.S. Policy Developments -
Since the fall of 2022, DOJ has made several policy pronouncements in connection with its efforts to combat corporate crime. While it remains to be seen how these policies will ultimately affect...more
4/5/2023
/ Anti-Corruption ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disclosure ,
Enforcement Actions ,
FATF ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Remediation ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements
Earlier in January 2023, the U.S. Department of Justice (DOJ) announced revisions to its Corporate Enforcement Policy (CEP) under the Foreign Corrupt Practices Act (FCPA) for the first time since 2017. In his speech...more
2/1/2023
/ Acquisitions ,
Anti-Corruption ,
Corporate Crimes ,
Corporate Governance ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Mergers ,
Self-Disclosure Requirements ,
White Collar Crimes
It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more
12/23/2022
/ Anti-Competitive ,
Antitrust Division ,
Competition ,
Corporate Counsel ,
Corporate Governance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Hiring & Firing ,
Joint Venture ,
No-Poaching ,
Popular ,
Wage-Fixing ,
White Collar Crimes
Federal prosecutors from the Southern District of New York recently charged Nathan Chastain with wire fraud and money laundering in connection with a purported scheme to illegally profit from sales and purchases of...more
9/13/2022
/ Blockchain ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Digital Assets ,
Enforcement Actions ,
Insider Trading ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Popular ,
White Collar Crimes ,
Wire Fraud
June 23, 2022 Key Takeaways: In two recent speeches, Matthew Axelrod, Assistant Secretary for Export Enforcement at the Department of Commerce’s Bureau of Industry and Security (“BIS”), has signaled policy changes related to...more
6/23/2022
/ Antitrust Violations ,
Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Enforcement ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Sanctions ,
Self-Disclosure Requirements ,
U.S. Commerce Department
This is the second post in this year’s series examining important trends and new development in white collar law and investigations. Our previous post discussed health care enforcement. Up next: trends in tax...more
2/17/2022
/ Anti-Corruption ,
Biden Administration ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Governments ,
Internal Controls ,
Money Laundering ,
OECD ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
Sales of your software are robust around the globe. You have a network of third-party resellers, distributors or implementation partners that are driving international growth. Your customers praise your efficient maintenance...more
5/20/2021
/ Bureau of Industry and Security (BIS) ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Export Controls ,
Germany ,
Investigations ,
Iran ,
Iran Sanctions ,
Non-Prosecution Agreements ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
SAP SE ,
Settlement ,
Software ,
Voluntary Disclosure
This is the third in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed sanctions and export control trends....more
3/19/2021
/ Anti-Corruption ,
Asia ,
Biden Administration ,
CFTC ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Latin America ,
NDAA ,
Securities and Exchange Commission (SEC) ,
UK ,
White Collar Crimes
Hong Kong Updates and Alerts -
New Restrictions on Exports to Hong Kong – License Exceptions for Hong Kong Suspended -
On June 29, 2020, the State Department announced that the U.S. will end the export of U.S.-origin...more
8/7/2020
/ 5G Network ,
Bureau of Industry and Security (BIS) ,
CAATSA ,
CFIUS ,
China ,
Cross-Border ,
Cuba ,
Department of Justice (DOJ) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
FCPA Resource Guide ,
Final Rules ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
Huawei ,
International Chamber of Commerce (ICC) ,
Iran Sanctions ,
Military End Use ,
New Rules ,
Nicaragua ,
Russia ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
State-Owned Enterprises ,
Syria ,
Trump Administration ,
Venezuela
On July 3, 2020, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released the Second Edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”). As...more
7/7/2020
/ Aiding and Abetting ,
Bribery ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Disgorgement ,
FCPA Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Mens Rea ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations
This is the sixth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed enforcement by the Massachusetts Attorney General’s Office in...more
1/24/2020
/ Bureau of Industry and Security (BIS) ,
Chief Compliance Officers ,
China ,
Compliance ,
Corporate Counsel ,
Cuba ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Hong Kong ,
Huawei ,
Human Rights ,
Information Technology ,
Iran Sanctions ,
Magnitsky Act ,
National Security ,
New Guidance ,
New Regulations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Software ,
Syria ,
Technology Sector ,
Turkey ,
U.S. Treasury ,
US Department of State ,
Venezuela ,
Voluntary Disclosure ,
White Collar Crimes
Editors’ Note: This is the third in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed healthcare fraud in 2020. Up next: a look at...more
1/13/2020
/ Bribery ,
Compliance ,
Corporate Counsel ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
Internal Controls ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
DOJ Issues Revised Export Control and Sanctions Enforcement Policy for Business Organizations Providing Clear Guidance on the Benefits of Self-Disclosing Violations -
On December 13, 2019, the Department of Justice (DOJ)...more
In December, the Department of Justice (DOJ) announced the release of a new policy for business organizations regarding voluntary self-disclosures of export control and sanctions violations. The new Policy makes explicit that...more
Alert for Information and Communications Technology and Services Industries: Proposed New Rule Implements Unprecedented Regime to Review and Restrict Transactions -
The Department of Commerce (DOC) is accepting comments...more
Recent actions taken by the Department of Justice (“DOJ”) and the Department of Treasury’s Office of Foreign Assets Control (“OFAC”) have highlighted the importance of due diligence in the mergers and acquisitions context....more
Introduction -
In the recent, long-awaited decision in United States v. Hoskins, the U.S. Court of Appeals for the Second Circuit rejected the expansive interpretation of FCPA jurisdiction over foreign individuals put...more