News & Analysis as of

Corporate Fraud

Bracewell LLP

Creating an Army of In-House Investigators

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In its never-ending war on corporate fraud, the Department of Justice (“DOJ”) has just commissioned a private army to fight as never before. On August 1, the DOJ launched a three-year program to provide financial rewards to...more

Sherman & Howard L.L.C.

Supreme Court Confirms Corporate Whistleblowers Don't Have to Prove Retaliatory Intent

Tackling the tricky issue of how a plaintiff proves an employer's “intent,” in an opinion issued today, the United States Supreme Court unanimously held that under the Sarbanes-Oxley Act of 2002, corporate whistleblowers have...more

Fox Rothschild LLP

A Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its...

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PreGel America makes and distributes products used in the gelato, ice cream and pastry business. But it alleges a far less than sweet experience with its former CEO, who the company says approved unauthorized personal salary...more

A&O Shearman

New UK law passed to tackle economic crime and corporate secrecy

A&O Shearman on

The new Economic Crime and Corporate Transparency Act 2023 (the Act) is the latest step in the UK Government’s attempts to address economic crime and improve transparency over corporate entities. Whilst most of the key...more

J.S. Held

Essential Steps for Protecting Your Company in a Fraud Investigation

J.S. Held on

Fraud is a pervasive issue that affects businesses, organizations, and individuals across various industries. Often, an organization is surprised to find itself a victim of fraud, especially when the perpetrator is a trusted...more

Skadden, Arps, Slate, Meagher & Flom LLP

Introducing a ‘SOX-Lite’ Regime in the UK: Learning From Experience in the US

Nearly two decades after the enactment of SOX, which was precipitated by several high-profile corporate and accounting scandals in the US during the late 1990s and early 2000s, UK and European regulators are grappling with a...more

Cohen & Gresser LLP

Failure to Prevent Fraud: Cohen & Gresser Assesses the Consequences of Imminent UK Corporate Fraud Liability Reform

Cohen & Gresser LLP on

What is happening? The Economic Crime and Corporate Transparency Bill (the “Bill”) is currently going through the UK Parliament. On 11 April 2023, the Government introduced a draft amendment that will create a new...more

Dechert LLP

“More Cooperation Please”: DOJ Revises Corporate Enforcement Policy to Encourage Even Greater Cooperation

Dechert LLP on

This week the DOJ published revisions to its Corporate Enforcement Policy designed to even further encourage companies to make voluntary self-disclosures of wrongdoing within their ranks, cooperate with investigations, and...more

Bennett Jones LLP

Is It Getting Harder to Get a Worldwide Freezing Injunction In Alberta?

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Typically, pursuing fraudsters is an exercise in detective work, forensic analysis and a lot of circumstantial evidence. Rarely does a fraud come with a smoking gun or confession. Parties must cobble together evidence...more

StoneTurn

Technology and Data Can be Powerful Fraud Investigative Tools or Create Massive Headaches. Need an Advil?

StoneTurn on

Multi-national organizations battle fraud and corruption risks daily given the size, scale, and complexities of their businesses, increased regulation and enforcement, and challenges preparing for a post-pandemic fraud...more

Bennett Jones LLP

Court of Appeal Refines the Corporate Attribution Doctrine

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The corporate attribution doctrine concerns the attribution of the actions of a corporation’s directing mind to the corporation itself.  On March 10, 2022, in Ernst & Young Inc. v. Aquino [Aquino], the Court of Appeal...more

NAVEX

Building the Case for Case Management

NAVEX on

The Association of Certified Fraud Examiners recently released its 2022 benchmarking report on anti-fraud technologies, and the compliance community may want to look at the findings. According to this report, a majority of...more

Kohn, Kohn & Colapinto LLP

UK Citizens the Most Active Players Among Foreigners Providing Whistleblower Tips to U.S. Government

Ever since the establishment of the U.S. Securities and Exchange Commission’s (SEC) whistleblower rewards program, there has been a steady increase in the number of foreign whistleblowers coming to the U.S. government to...more

K2 Integrity

Digging Deeper Episode 10: Misguided or Misconduct? Understanding Bad Behavior in the Corporate World

K2 Integrity on

Why do good people do bad things? Why would someone put an otherwise stellar reputation on the line for a few moments of gain? Bob Brenner dives in to decode this behavior with Richard Girgenti, a leading authority on ethics...more

K&L Gates LLP

HUB Talks: Voluntary Disclosure: Deep Dive - Key Trends in US Corporate Enforcement

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In this episode, Investigations, Enforcement and White Collar partners Bobby Higdon and David Rybicki reflect on their recent posts in the Department of Justice and what to expect in the world of corporate enforcement under...more

McGuireWoods LLP

The Perils of Pleading the Fifth in the Corporate Fraud Context

McGuireWoods LLP on

“Pleading the Fifth” is one of the most commonly known phrases in our legal system, and the right against self-incrimination is one of the Constitution’s most meaningful protections. That said, in the corporate fraud context,...more

Oberheiden P.C.

Eleven of the IRS's Enforcement Priorities During the 2021 Tax Season

Oberheiden P.C. on

It is tax season once again. While the Internal Revenue Service (IRS) has extended this year’s filing deadline to May 17, 2021 for individuals, businesses must still file by April 15, and all U.S. taxpayers must ensure that...more

Allen Matkins

Legislature Takes $11.5 Million From Victims of Corporate Fraud Compensation Fund

Allen Matkins on

Eight years ago, the California legislature established a fund to compensate victims of corporate fraud.  Cal. Stats. 2012, Ch. 564.  The Secretary of State administers the fund, but has no authority to investigate or bring...more

Morrison & Foerster LLP

DOJ Enforcement Actions Involving COVID-19 Relief Fraud: An Update

Soon after Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in March 2020, the Criminal Division of the U.S. Department of Justice (DOJ) moved quickly to address potential COVID-19 related...more

Thomas Fox - Compliance Evangelist

The Fourth Estate and Wirecard

It is one thing to wake up and find yourself as the lead story on a Sunday morning when the New York Times (NYT) runs a corruption story about your organization above the fold. It is quite another when the world’s top...more

Baker Donelson

Avoiding, Investigating and Prosecuting Fraudulent Accounting and the Misappropriation of Corporate Assets

Baker Donelson on

Corporate directors should monitor management's establishment and maintenance of safeguards against fraud. The board of directors, particularly the board's audit committee, and management can reduce the exposure of the...more

Womble Bond Dickinson

Year One of Trump’s DOJ: Drilling Down Into The National Numbers

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Here’s a closer look at some information underlying the national statistics from the 2018 Sourcebook of Federal Sentencing Statistics... As noted in the main article, there were 69,425 federal offenders who were sentenced...more

Womble Bond Dickinson

Year One of Trump’s DOJ: The National Criminal Sentencing Statistics

Womble Bond Dickinson on

The United States Sentencing Commission has issued its 2018 Sourcebook of Federal Sentencing Statistics. The Sourcebook is an annual collection of data related to the federal criminal cases that resulted in an offender being...more

Morrison & Foerster LLP

Northern District of California’s New U.S. Attorney Launches “Strike Force” Aimed at Corporate Fraud

David Anderson, the recently appointed United States Attorney for the Northern District of California, has announced a corporate fraud “strike force” designed to pursue the “investigation and prosecution of corporate fraud...more

Morgan Lewis

DOJ Assistant AG Benczkowski Reinforces Value of Transparency in Fraud, Corruption Actions

Morgan Lewis on

In recent remarks, AAG Brian A. Benczkowski emphasized that the US Department of Justice remains serious about fighting corporate fraud and corruption, and noted that transparency in its criteria for prosecution is a key tool...more

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