News & Analysis as of

Corporate Counsel Indictments

The Volkov Law Group

Antitrust Division Indicts Company, Executive and Employee for $100 Million Price-Fixing Conspiracy

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DOJ’s Antitrust Division has been relatively quiet in prosecuting criminal cartel or bid-rigging cases.  Since 2015, the Antitrust Division’s criminal enforcement has fallen from the billions in penalties each year to the...more

Jones Day

DOJ Obtains First Divestitures in a Criminal Antitrust Case

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The U.S. Department of Justice Antitrust Division ("DOJ") recently resolved a criminal case with Teva Pharmaceuticals and Glenmark Pharmaceuticals via deferred prosecution agreements ("DPAs"), which include a novel remedy for...more

BCLP

Criminal indictment of Executive Chairman and parallel civil charges show Feds' willingness to challenge Rule 10b5-1 trading plans

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The Justice Department recently indicted the Executive Chairman of Ontrak, Inc. alleging that he failed the “clean hands” requirement because he had been aware of material nonpublic information relating to the potential loss...more

Dorsey & Whitney LLP

After Nearly Fifty Years of Dormancy, Criminal Monopolization Charges Have Returned

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​​​​​​​For nearly 50 years, the Antitrust Division of the United States Department of Justice (DOJ) has brought federal criminal charges only for allegations of illegal coordinated behavior among competitors in violation of...more

Vinson & Elkins LLP

DOJ Indicts Another Enterprise for a Monopolization Offense

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Just days after securing its first Section 2 conviction in over 40 years in United States v. Zito on October 31, 2022,1 the U.S. Department of Justice (“DOJ”) again wielded its once-neglected ability to criminally enforce...more

White & Case LLP

Four key antitrust events in Q4 2021 target labor markets and aim to protect workers: Here's what you need to know

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The focus on using the antitrust laws to target labor markets has been gaining momentum for years, but the close of 2021 saw the trend hit overdrive with antitrust attacks on perceived harm to workers coming from all corners...more

Wiley Rein LLP

Unsealed Indictment Connected to Record Breaking Telecom Case Reconfirms DOJ’s Commitment to Individual Accountability

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In September, the U.S. District Court for the Southern District of New York unsealed an indictment charging Afework Bereket, a former account manager with a large telecom company, with conspiracy to violate the Foreign...more

Wiley Rein LLP

Criminal Indictment Handed Down for Potential FARA Violations Related to 1MDB Scandal

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On June 10, 2021, a federal grand jury in the District of Columbia issued an indictment of American entertainer and businessman Prakazrel “Pras” Michel and Malaysian businessman Low Taek Jho on 12 counts, including four for...more

Vinson & Elkins LLP

Antitrust Authorities Focused On Employer Collusion In Labor Markets: DOJ Antitrust Division Brings Another Criminal No-Poach,...

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The Department of Justice’s (“DOJ”) Antitrust Division has brought its third criminal antitrust case involving labor markets — this time against a healthcare staffing company and its former manager for allegedly agreeing not...more

Morgan Lewis

DOJ Antitrust Division Brings First Criminal Wage-Fixing Case: Continuing Enforcement on Labor Market Issues

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A federal grand jury in Texas indicted the owner of a therapist staffing company on wage-fixing charges on December 9. Although this is the US Department of Justice’s first criminal wage-fixing prosecution, the indictment...more

Ballard Spahr LLP

CFTC and DOJ Charge BitMEX and Executives With Illegally Trading in Digital Assets and Ignoring BSA/AML Requirements

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Incorporating in the Seychelles but Allegedly Operating in the U.S. Spells Trouble for Company and its Founders - The Bitcoin Mercantile Exchange, or BitMEX, is a large and well-known online trading platform dealing in...more

Snell & Wilmer

District Court Issues Key Ruling on FCPA Definition of “Agent” for Purposes of Foreign Nationals

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On February 26, a federal district court in Connecticut acquitted the defendant in United States v. Hoskins on all counts related to the Foreign Corrupt Practices Act (“FCPA”). A jury had previously found the defendant guilty...more

The Volkov Law Group

Three Former Executives from Alstom and Marubeni Charged with Criminal FCPA Violations in Indonesia

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In its continuing aggressive FCPA criminal enforcement program, DOJ announced the indictment of two former Alstom executives and a former Marubeni executive with FCPA violations arising from a bribery scheme in Indonesia....more

Thomas Fox - Compliance Evangelist

Ex-Braskem CEO Indicted on FCPA, AML and Books and Records Charges

Yesterday, the Department of Justice (DOJ) announced three charges against Jose Carlos Grubisich, the former Chief Executive Officer (CEO) of Braskem S.A. (Braskem), a publicly traded Brazilian petrochemical company, for his...more

Thomas Fox - Compliance Evangelist

Former Herbalife Employees Indicted on FCPA Violations

China continues to be a high-risk location for US companies to do business. While the current administration has laid numerous tariffs on Chinese goods, the fact that it holds 6 billion potential consumers will continue to...more

Bass, Berry & Sims PLC

DOJ Trumpets “First-Ever” Criminal Indictment for Failure to Report Product Safety Issues

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On March 29, 2019, the U.S. Department of Justice (DOJ) announced it had initiated the first-ever criminal prosecution of individual business executives for alleged failure to timely disclose product safety issues to federal...more

Eversheds Sutherland (US) LLP

Russian telecom giant to pay record-breaking penalty for FCPA violations

On March 6, 2019, Mobile TeleSystems PJSC (MTS) consented to pay an $850 million sanction—the largest Foreign Corrupt Practices Act (FCPA) criminal penalty ever paid to the United States—and to a three-year monitorship to...more

The Volkov Law Group

Russian Mobile Carrier, Mobile Telesystems, Settles FCPA Case with DOJ and FCPA for $850 Million; MTS Executive and Notorious...

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In another blockbuster FCPA prosecution, the Justice Department and the SEC announced an $850 million settlement with Mobile Telesystems (“MTS”), Russia’s largest mobile carrier....more

The Volkov Law Group

Cognizant Technology Pays $25 Million for FCPA Violations and Earns Declination — Two Executives are Indicted for Criminal FCPA...

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In the first corporate FCPA action of 2019, Cognizant Technology Solutions Company settled its long-running FCPA case, agreeing to pay the SEC $25 million....more

Parker Poe Adams & Bernstein LLP

OSHA Obtains Criminal Indictment of Managers Who Allegedly Obstructed Investigation

Most prosecutors will tell you that the cover-up is often worse than the underlying crime. This adage was again proven correct earlier this month when OSHA announced that the U.S. Department of Justice had obtained federal...more

Eversheds Sutherland (US) LLP

Ex-banker forfeits $43.7 million and pleads guilty to conspiracy to violate the FCPA and launder money

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

Seyfarth Shaw LLP

Company And Its Executives/Owners Charged With Criminally Violating Worker Safety And Environmental Laws That Led To Workers’...

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Seyfarth Synopsis:  A railcar cleaning company and its executive officers were recently charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource...more

The Volkov Law Group

DOJ Settles Follow-On FCPA Case: Transport Logistics Pays $2 Million Penalty

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Last week, the Justice Department announced its first FCPA enforcement action in 2018 – a follow-on settlement from prior FCPA enforcement actions centering on a bribery scheme involving a Russian government official from a...more

Dorsey & Whitney LLP

Dorsey Anti-Corruption Digest - February 2018

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Joo Hyun Bahn, real-estate broker and nephew of former U.N. Secretary-General Ban Ki-moon, pleaded guilty to Foreign Corrupt Practices Act (FCPA) charges relating to his role in a scheme attempting to bribe a Qatari official...more

A&O Shearman

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

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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

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