News & Analysis as of

Criminal Investigations

Tips for Handling a Call from the FBI

by Dentons on

For many attorneys, interaction with the FBI and other law enforcement agencies is a completely foreign concept. Many general litigators and corporate attorneys have little to no professional experience with federal...more

Case note: Bilta v RBS

by WilmerHale on

In Bilta (UK) Limited v Royal Bank of Scotland [2017] EWHC 3535 (Ch), the High Court once again addressed the application of legal privilege to documents prepared in the course of an internal investigation. The internal...more

Opioid Fraud and Abuse as a Compliance Risk Area

by Ruder Ware on

The opioid epidemic is different than other drug related social problems because, in many cases, addiction to opioids starts in the medical office or in the pharmacy; in most cases through the treatment of legitimate physical...more

Rabobank Coughs Up $368 Million and Pleads Guilty to Conspiracy to Money Launder and Obstruct Investigation

by Michael Volkov on

The Justice Department announced a guilty plea by a subsidiary of Rabobank, a Dutch global bank, to a conspiracy to violate money laundering laws and obstruct a regulatory investigation of Rabobank’s activities in California....more

Obstruction of Justice: It's not the Crime, it's the Cover-up

by Ward and Smith, P.A. on

The familiar saying that "it's not the crime, it's the cover-up" is well-worn for a reason. Obstructive behavior or false statements can land defendants in hot water regardless of the substance of the government's underlying...more

CLOUD Act Aims for Clear Skies: Bipartisan CLOUD Act Seeks to Clarify Law Enforcement Access to Overseas Data

by Bracewell LLP on

In October 2017, the Supreme Court granted the Department of Justice’s petition to review the Second Circuit’s decision that limits the reach of warrants issued under the Stored Communications Act (“SCA”). Specifically, the...more

IRS-Criminal Investigation Ramps Up Scrutiny Of Cryptocurrency Transactions

by Fox Rothschild LLP on

The Internal Revenue Service has assembled a specialized team of criminal investigators to build criminal tax evasion cases involving users of Bitcoin and other cryptocurrencies, according to a Bloomberg article entitled “IRS...more

DOJ/EPA Memos Change Enforcement Policies

by Williams Mullen on

Three memoranda, two issued by the United States Department of Justice (“DOJ”) and one issued by EPA, mark a significant shift in how the federal government approaches civil and criminal enforcement for violations of...more

2017 in Review: ERISA guidance and enforcement

In 2017, the principal focus in the administration of the Employee Retirement Income Security Act of 1974, as amended (ERISA), by the Department of Labor (DOL) appropriately remained one of the extraordinary developments...more

U.S. Subsidiary Of Dutch Bank Pleads Guilty To Allegations That It Conspired To Obstruct OCC Examination Of AML Program

by Shearman & Sterling LLP on

On February 7, 2018, Dutch bank Rabobank’s U.S. subsidiary pleaded guilty to conspiring to impair, impede, and obstruct a review by the Office of the Comptroller of the Currency (“OCC”) of the bank’s anti-money laundering...more

Bilta v. RBS: When Will Litigation Privilege Apply to Information Gathering in Internal Investigations

by Latham & Watkins LLP on

The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of...more

International Co-operation in Investigations

by WilmerHale on

In recent years, the rise of multi-jurisdictional investigations and corresponding multi-jurisdictional settlements has changed the enforcement landscape. Notable examples include the tri-lateral settlements of Odebrecht and...more

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

Illinois Appellate Court Expands PSEBA Exposure for Illinois Local Governments

by Holland & Knight LLP on

• On Tuesday, Feb. 6, 2018, the Illinois First District Appellate Court, in a 2-1 decision, greatly expanded the "unlawful act" trigger for eligibility for lifetime healthcare benefits under the Public Safety Employee...more

Human Trafficking Raises Corporate Liability Concerns for the Hospitality Industry

Recent U.S. lawsuit against corporations, including major hotel chains, shines the spotlight on the need for anti-human trafficking compliance. U.S. law creates corporate liability for entities, such as hotels, casinos and...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Manhattan District Attorney’s Office Forms New “Work-Related Sexual Violence Team”

by Seyfarth Shaw LLP on

In further demonstration of how law enforcement is being faced with new challenges in light of the recent attention paid to work-related sexual violence, Manhattan District Attorney Cyrus R. Vance, Jr., just announced a new...more

Carpenter v. United States Privacy Case Pushes Supreme Court to Decide Fourth Amendment Protections of Cell Phone Metadata

The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth...more

Mad Dogs and Englishmen: Part Deux

by Cohen & Gresser LLP on

One of the most insipid hit records of the 1960s was Roger Miller’s “England Swings (Like a Pendulum Do).” In an earlier edition of this august Journal, I detailed how differently our English “cousins” swing on the issue of...more

Nobody Expects the Spanish Inquisition

And no one expects a target letter. The Department of Justice defines a “target” of federal criminal investigation as “a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the...more

A Quick Look at Parallel Proceedings

Hypothetical Bad News. You or your company has been served with a civil investigative demand requiring you to produce documents and answer questions from the government. The Department of Justice (DOJ) is investigating you...more

Alert: Antitrust 2018: Trends and Developments to Watch

by Cooley LLP on

1. Trump’s appointments set the antitrust agenda for 2018 - Almost a year into the Trump Administration, leadership at the Department of Justice Antitrust Division is now set. The Senate confirmed Makan Delrahim as...more

Understanding eDiscovery in Criminal Cases, Part Five: eDiscovery Best Practices

by CloudNine on

...Of course, not all criminal law electronic discovery matters involve futuristic technologies such as the Echo or embedded web pages. According to US Customs and Border Patrol, approximately one million people enter legally...more

Company Owner Pleads Guilty to Criminal Charges Stemming From Wage-Hour Investigation

When involved in a criminal investigation, the cover-up is usually worse than the underlying crime. Last month, a New Hampshire business owner learned this lesson the hard way when he pleaded guilty to charges based on his...more

Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more

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Cybersecurity

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