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International Trade Criminal Law

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

What If You Are Ineligible For The Offshore Voluntary Disclosure Program? Attorney Proffers versus Quiet Disclosures

by Sanford Millar on

Since the beginning of the current Offshore Voluntary Disclosure Programs (OVDP) in 2009 tens of thousands of U.S. taxpayers have come forward to report previously undisclosed foreign financial accounts. The addition of the...more

Corporate Investigations and White Collar Defense - November 2017

Insider Trading: Once More Into the Breach - Why it matters: On Aug. 23, 2017, the Second Circuit decided U.S. v. Martoma, in which the court affirmed a tippee’s conviction in an insider trading case based on the Supreme...more

News Flash: Kleptocrats Still Taking Bribe Money With One Hand and Laundering it With the Other

The summer of 2017 saw the U.S. Department of Justice’s docket still teeming with Foreign Corrupt Practices Act (FCPA) cases. In this post, we draw a few lessons from three of them, which bring together three threads that...more

Seven Individuals Charged with FCPA Criminal Violations

by Michael Volkov on

In a watershed week for FCPA enforcement, the US Department of Justice announced FCPA criminal charges against seven individuals. Specifically, the Justice Department announced four guilty pleas and one indictment as follow...more

This Week in FCPA-Episode 77, the Home for the Holidays Edition

by Thomas Fox on

Jay and I return for a wide-ranging discussion on some of the top compliance and ethics related stories of the week, including: 1. The DOJ/SEC FCPA Guidance turned 5 years old this week. For the compliance practitioner,...more

SEC’s Announcement of Chief of FCPA Unit Signals Possible Anti-Bribery Enforcement Focus on Non-U.S.

by Reed Smith on

Non-U.S. companies traded on the United States stock exchanges, take notice: you may be receiving increased attention from the U.S. Securities and Exchange Commission’s (“SEC’s”) anti-bribery arm. This client alert by...more

On Eve Of “Paradise Papers” Release, At-Risk Individuals Should Consider Immediate Action To Mitigate Potential For Criminal...

by Fox Rothschild LLP on

Tomorrow morning (November 17) the International Consortium of Investigative Journalists (ICIJ) is set to release publicly the first set of comprehensive data from the recent “Paradise Papers” leak. The initial data will...more

Argentina Passes New Anti-Corruption Statute

by Holland & Knight LLP on

A more robust anti-corruption culture is taking hold in Latin America. In line with this trend, the National Congress of Argentina just last week passed a bill creating a criminal liability regime for legal entities. As the...more

Charges Unsealed Against Five Individuals, Including Two Executives, In Foreign Bribery Scheme Involving Rolls-Royce

by Shearman & Sterling LLP on

On November 7, 2017, the Department of Justice (“DOJ”) unsealed charges against five individuals—including two executives—alleging violations of the Foreign Corrupt Practices Act (“FCPA”) in connection with an alleged foreign...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The DOJ unsealed criminal charges against five individuals involved in the Rolls-Royce FCPA action previously brought by the DOJ, SFO and Brazilian authorities. The charges were filed in the Southern District of Ohio. Each...more

Lawyers Beware: Battle of Legal Professional Privilege of Internal Investigation Continues in England and Wales

Last month, the Court of Appeal of England and Wales granted permission for Eurasian Natural Resources Corp. Ltd. (“ENRC”) to appeal the May 2017 decision by the High Court relating to a dispute over the legal professional...more

Report Exposes Mexico's Anti-Corruption Flaws

by Holland & Knight LLP on

A new report shows that Mexico did the right thing by passing a new national anti-corruption legal regime (the National Anti-Corruption System) in 2016. The new report, from the Financial Action Task Force (FATF, aka GAFI),...more

Proposed Legislation Boosts Enforcement of Foreign Agents Registration Act

by Perkins Coie on

U.S. Senate Judiciary Chairman Chuck Grassley introduced the “Disclosing Foreign Influence Act” last week, a Senate bill which would amend the Foreign Agents Registration Act (FARA), to remove an exemption from registration...more

Blockchain Week in Review – October #8

by Perkins Coie on

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

Oh My Ghosh! A New Test for Dishonesty in Criminal Law…

by Morrison & Foerster LLP on

In a case brought before it by a professional gambler, on 25 October 2017 the Supreme Court cast the die for the second limb of the test for dishonesty, originally set out in R v. Ghosh [1982], to be overturned....more

Supreme Court rules on test for dishonesty

by Allen & Overy LLP on

Ivey v Genting Casinos [2017] UKSC 67 - In a landmark case, the UK Supreme Court has clarified the test for dishonesty under criminal law. This re-alignment of the criminal test for dishonesty is significant for both...more

Business Litigation Report - October 2017

October 2017: Second Circuit Immunity Decision Upends Cross-Border Criminal Investigations - The Second Circuit Court of Appeals’ recent decision in United States v. Allen, --- F.3d ----, 2017 WL 3040201 (2d Cir. July 19,...more

Episode 9 -- The Need for a Robust Criminal Antitrust Compliance Program

by Michael Volkov on

Global companies and corporate officers and employees face significant criminal antitrust risks.  The US Department of Justice's Antitrust Division has a mature and aggressive enforcement program targeting illegal cartel...more

Initial Coin Offerings (ICOs): The Current State of Play

The ICO boom in 2017 brings with it questions of jurisdiction and compliance, and a need for further guidance - The benefits of ICOs in raising capital, as well as in providing a marketing push for a new business model,...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - November 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the formal withdrawal of the United States from the EITI; the...more

October 2017: Second Circuit Immunity Decision Upends Cross-Border Criminal Investigations

The Second Circuit Court of Appeals’ recent decision in United States v. Allen, --- F.3d ----, 2017 WL 3040201 (2d Cir. July 19, 2017) (slip opinion available at https://goo.gl/FkfwNN), which holds that U.S. courts must give...more

Integrity: Doing the right thing, even when no one is watching

With thanks to the ICC Netherlands for sharing this video: We live in a world where ‘the goal justifies the means’ has become an acceptable school of thought for far too many. A world where integrity isn’t talked about...more

Dorsey Anti-Corruption Digest - November 2017

by Dorsey & Whitney LLP on

Massachusetts-based Alere Inc. will pay $13 million to settle charges alleging that the company bribed foreign officials and engaged in an accounting fraud, according to a Securities and Exchange Commission (SEC) Cease and...more

A UK Version of OFAC?

The Office of Financial Sanctions Implementation ramps up enforcement activities in London - A new UK sanctions enforcement body with added civil enforcement tools is ramping up activities. ...more

Alternatives to prosecution in an age of global enforcement - Global alternatives to prosecution when a corporate is facing a...

by White & Case LLP on

Businesses are increasingly becoming global, and so are enforcement actions in response to alleged corporate wrongdoing around the world. The harsh reality is that wherever there is potential corporate criminal wrongdoing,...more

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