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Aiding and Abetting Criminal Conspiracy

Venable LLP

Update: Judge Allows Most of Receiver’s Claims Against Wells Fargo for Involvement with Negative Option Marketers to Proceed

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A few weeks ago, we wrote an article discussing two enforcement actions by the Federal Trade Commission in the Central and Southern Districts of California that highlighted the risks to payment processors and financial...more

Patton Sullivan Brodehl LLP

Conspiracy and Aiding & Abetting: Non-Manager Liability for Breach of LLC Fiduciary Duties

LLC managers owe fiduciary duties of loyalty, care, and good faith and fair dealing to both the LLC and the LLC’s members. (Corp Code §17704.09.)  One of the most common claims in LLC litigation is “breach of fiduciary duty”...more

Gray Reed

Private Equity Fund May Be Liable for Fraud, Aiding and Abetting Fraud and Conspiracy in $295 Million Sale of Portfolio Company...

Gray Reed on

In Agspring Holdco, LLC, et al v. NGP X US Holdings, L.P., et al, the Delaware Court of Chancery (the “Court”) denied a motion to dismiss claims of fraud, aiding and abetting fraud and conspiracy to commit fraud against the...more

Foley Hoag LLP

DOJ and SEC Release Second Edition of FCPA Resource Guide

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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

Cozen O'Connor

Court Reverses Foreign National’s FCPA Conviction, Setting a High Bar to Establish an Agency Relationship

Cozen O'Connor on

A ruling issued on Wednesday, February 26 by a Connecticut federal court details the type of control necessary to find that a foreign national acted as an agent of a U.S. domestic concern for purposes of falling within the...more

Butler Snow LLP

Federal judge provides reminder that fraudulent mass tort litigation can carry criminal, as well as civil, consequences

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Recently, a Mississippi federal judge provided a heartening reminder that, while it may seem all too often ignored, fraud in the mass tort context can carry serious—indeed, criminal—consequences. As we discuss below, victims...more

Society of Corporate Compliance and Ethics...

Alstom SA executive found guilty of Foreign Corrupt Practices Act violations

CEP Magazine (January 2020) - After years of appeals and a two-week trial, a jury found former Alstom SA executive Lawrence Hoskins guilty of six counts of violating the Foreign Corrupt Practices Act (FCPA), three counts...more

Robinson+Cole Manufacturing Law Blog

Conviction of Foreign Employee Reinforces Broad Geographic Reach of FCPA

Last week, a jury found a former executive of a French multinational company guilty of violating the Foreign Corrupt Practices Act, money laundering, and conspiracy in connection with alleged bribery in Indonesia....more

ArentFox Schiff

Investigations Newsletter: Patient Recruiter Convicted in $1.3 Million Kickback Conspiracy Scheme

ArentFox Schiff on

Patient Recruiter Convicted in $1.3 Million Kickback Conspiracy Scheme - After a six-day trial, a federal jury in Detroit found a patient recruiter guilty of one count of conspiracy to pay and receive health care...more

Holland & Knight LLP

Hospitals, Doctors (and Others) Beware: DOJ May Apply Travel Act to Healthcare Prosecutions - Arrangements Viewed Under the...

Holland & Knight LLP on

• A recent federal jury verdict in Dallas affirms the U.S. Department of Justice's determination to extend federal prosecutions to healthcare arrangements involving commercial payers by utilizing the federal Travel Act, which...more

Katten Muchin Rosenman LLP

Bridging the Week - April 2019

(You Say Security, I Say Utility; Midtrial Acquittal) - The Securities and Exchange Commission’s FinHub group issued guidance last week, providing a checklist of characteristics to help determine whether a cryptoasset may...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Jobs report Friday again. Which, after February’s dismal numbers, is carrying extra importance today. We’ll be keeping an eye on US manufacturing, among other things. Here’s what to watch....more

Orrick, Herrington & Sutcliffe LLP

Foreign Corrupt Practices Act (FCPA) - The World in U.S. Courts: Winter 2019

Conspiracy and Aiding-and-Abetting Charges Cannot Expand Territorial Reach of the FCPA to a Non-US Defendant Who Otherwise Would Not Be Liable for His Ex-US Conduct - United States v. Hoskins, US Court of Appeals for the...more

Orrick, Herrington & Sutcliffe LLP

Foreign Corrupt Practices Act (FCPA) - The World in U.S. Courts: Summer - Fall 2018

Conspiracy and Aiding-and-Abetting Charges Cannot Expand Territorial Reach of the FCPA to a Non-US Defendant Who Otherwise Would Not Be Liable for His Ex-US Conduct - United States v. Hoskins, US Court of Appeals for the...more

Troutman Pepper

Second Circuit Limits Extraterritorial Application of FCPA

Troutman Pepper on

On August 24, the U.S. Court of Appeals for the Second Circuit issued a decision that announced a new and important limitation on the application of the Foreign Corrupt Practices Act (FCPA)....more

BakerHostetler

Second Circuit Rejects DOJ's Expansive Theory of Conspiracy and Accomplice Liability Under the FCPA for Foreign Nationals

BakerHostetler on

On August 24, 2018, nearly 18 months after hearing oral argument, the U.S. Court of Appeals for the Second Circuit issued a decision in United States v. Hoskins, that significantly limits the Department of Justice’s (“DOJ”)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Curtails Use of Conspiracy and Complicity Statutes in FCPA Actions

In a decision with implications for the extraterritorial reach of the Foreign Corrupt Practices Act (FCPA), the U.S. Court of Appeals for the Second Circuit held in United States v. Hoskins that a person may not “be guilty as...more

Jones Day

Second Circuit Rejects DOJ's Attempt to Expand Reach of the FCPA

Jones Day on

The Situation: In United States v. Hoskins, the United States Department of Justice ("DOJ") charged a foreign national who worked in France for a British subsidiary of a French company with conspiring to violate the Foreign...more

Dechert LLP

Second Circuit Limits FCPA’s Extraterritorial Reach Over Non-U.S. Persons in Conspiracy and Aiding and Abetting Cases

Dechert LLP on

The United States Court of Appeals for the Second Circuit dealt a blow to the U.S. government’s extraterritorial enforcement power on Friday, August 24, 2018, in prosecuting alleged violations of the Foreign Corrupt Practices...more

WilmerHale

Second Circuit Limits Government's Ability to Prosecute Foreign Persons and Companies for Conspiracy to Violate the FCPA

WilmerHale on

On August 24, 2018, the United States Court of Appeals for the Second Circuit issued a significant ruling regarding the reach of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign companies and individuals in United...more

K&L Gates LLP

U.S. Supreme Court Rejects Corporate Liability for International Human Rights Violations

K&L Gates LLP on

The U.S. Supreme Court recently held in Jesner v. Arab Bank, PLC that foreign corporations cannot be sued under the Alien Tort Statute (“ATS”). This statute, enacted by the first Congress in 1789, is a jurisdictional statute...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Jesner v. Arab Bank, PLC

On April 24, 2018, the Supreme Court decided Jesner v. Arab Bank, PLC, No. 16-499, holding that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (ATS), 28 U.S.C. § 1350....more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: District Court Allows Plaintiffs to Proceed in Al Shimari v. CACI

For Alien Tort-watchers, all eyes are focused on the Supreme Court and the pending decision in Jesner v. Arab Bank, which may determine that corporations are not appropriate defendants in cases brought pursuant to the Alien...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Clarifies Venue Requirements for Securities Fraud

On August 15, 2016, the Second Circuit issued a rare opinion on the subject of the sufficiency of evidence to establish venue in United States v. Lange, No. 14-2442-cr (Jacobs, Chin, Droney). ...more

Proskauer - Whistleblower Defense

Portland Jury Awards $1 Million to Whistleblower

On January 17, 2018, a Portland, Oregon jury issued a verdict of $1 million in damages to a former employee who alleged that his employer retaliated against him for reporting misconduct. Zweizig v. Northwest Direct...more

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