News & Analysis as of

Criminal Liability

Warner Norcross + Judd

Supreme Court Resolves Circuit Split and Holds that Wire Fraud Requires Deprivation of Traditional Property Interest

Warner Norcross + Judd on

In Ciminelli v. United States, the United States Supreme Court resolved a decades-long circuit split and clarified that to be guilty of federal wire fraud, prosecutors must prove that the defendant’s scheme to defraud...more

Dechert LLP

Supreme Smack Down: High Court Unanimously Circumscribes DOJ’s Honest Services Fraud Theories

Dechert LLP on

The Supreme Court yet again unanimously overturned bribery convictions based on prosecutorial overreach via the honest services wire fraud statute. The steady stream of reversals fundamentally challenges the DOJ’s approach in...more

Jenner & Block

Client Alert: Failure to Prevent Fraud – What Do You Need to Know About the New Corporate Offence? (Part 2)

Jenner & Block on

On 11 April 2023, the UK Home Office tabled an amendment to the Economic Crime and Corporate Transparency Bill (the Bill), which is currently making its way through the UK Parliament. The amendment introduces a much...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Cooley LLP

Failing to Prepare is Preparing to Fail: UK Government Proposes ‘Failure to Prevent Fraud’ Corporate Criminal Offence

Cooley LLP on

Economic crime has risen to such a level that UK Finance, a trade association for the UK banking and financial services sector, considers financial fraud to be a “national security threat”. Over £750,000,000 was stolen from...more

Allen & Overy LLP

New UK 'failure to prevent' fraud corporate criminal offence published

Allen & Overy LLP on

The UK Government has published a draft ‘failure to prevent fraud’ corporate criminal offence rendering large companies liable for fraud committed by their associates. We consider the draft offence and implications for...more

WilmerHale

United States V. Danske Bank: New Theory of Liability for Violation of US AML Standards

WilmerHale on

This Article discusses the recent plea agreement between the United States and Danske Bank. It argues that the Department of Justice has advanced a new and evolving theory of liability for foreign banks that access the U.S....more

Fisher Phillips

Deal of a Lifetime – or Jailtime and Fines? 5 Best Practices to Avoid Foreign Corrupt Practices Act Violations

Fisher Phillips on

One of your employees working overseas emails you with great news – they’re about to close a $50 million sale with a new customer. They tell you everything looks great, but there’s just one thing. The local political party...more

Latham & Watkins LLP

Investor Directors in the Hot Seat as Enforcement Risk Grows

Latham & Watkins LLP on

Greater focus on strong corporate governance and transparency is placing company directors in the UK and elsewhere under growing scrutiny and increased risk of individual civil and criminal liability. As new case law and...more

Hogan Lovells

Review into the UK whistleblowing framework – legislative reform to corporate criminal liability?

Hogan Lovells on

In a policy paper published on Monday 27 March, the Department for Business and Trade has announced a review into the current UK whistleblowing framework (“the Review”). The Review will assess how the whistleblowing framework...more

Carrington Coleman

The Med Spa on the Corner Is Probably Breaking the Law

Carrington Coleman on

Look better. Feel better. Fountain of youth promises are making med spas one of the fastest-growing segments in healthcare. Botox injections, laser hair removal, IV hydration and therapy, medical weight loss, and hormone...more

Fisher Phillips

Top 20 Questions to Ensure Your Compliance Program Helps You Minimize Corporate Criminal Risks

Fisher Phillips on

Among the most critical developments companies and their counsel should understand in 2023 is that federal officials will now scrutinize the overall state of your compliance program when they consider potential criminal...more

Lowenstein Sandler LLP

SVB FALLOUT: How VC-backed Startups May Extend Payroll & Avoid Furloughs

Lowenstein Sandler LLP on

In light of the FDIC takeover of Silicon Valley Bank (SVB), many of our startup, growth company, and fund clients have asked about how to manage their obligations to pay their team members during a period when the company’s...more

Allen & Overy LLP

An expansion of the corporate criminal liability net: the new “failure to prevent” criminal offence

Allen & Overy LLP on

Following an intense and lengthy period of speculation, on 8 February 2023 the UK Government confirmed the introduction of a new “failure to prevent” corporate criminal offence. The new offence will be introduced by way of...more

Oberheiden P.C.

Ten Things You Should Know if Your Clinical Laboratory is Under Investigation

Oberheiden P.C. on

Similar to other types of healthcare entities, clinical laboratories have been facing enhanced scrutiny from federal authorities over the past couple of years. While this is due in part to fraud concerns related to COVID-19...more

Maynard Nexsen

SC Public Policy Update: House debates “Pinckney Hate Crimes Act"

Maynard Nexsen on

The House Judiciary Committee gave H.3014 Clementa C. Pinckney Hate Crimes Act a favorable report, and the bill is on the House calendar. South Carolina is only one of two states not to have a hate crimes statute. ...more

Society of Corporate Compliance and Ethics...

CEP Magazine - March 2023. Don't be lulled

There appears to be a bit of a lull in corporate prosecutions lately. The big banner cases tend to involve crypto firms rather than household names. There are a few significant settlements, such as in opioid cases, but we...more

Fisher Phillips

A First of Its Kind: Manhattan D.A.’s “Worker Protection Unit” Raises Many Questions for Employers

Fisher Phillips on

Manhattan District Attorney Alvin Bragg Jr. recently announced a new prosecutorial branch tasked with investigating and prosecuting wage theft and other forms of worker harassment and exploitation throughout the borough. The...more

Oberheiden P.C.

MSO Investigations: When Are Physician-Owners at Risk?

Oberheiden P.C. on

The U.S. Department of Justice (DOJ) has recently taken a renewed interest in management services organizations (MSOs), including physician-syndicated MSOs in which physician-owners provide medical services in exchange for...more

Holland & Knight LLP

New DOJ Policy Sets High Standards, Offers Strong Incentives for Misconduct Self-Disclosure

Holland & Knight LLP on

The U.S. Attorney's Offices (USAOs) Voluntary Self-Disclosure Policy, announced on Feb. 22, 2023, sets forth a nationwide standard for how USAOs will define and credit corporate self-disclosures of misconduct by employees or...more

Cadwalader, Wickersham & Taft LLP

US Attorneys’ Offices Issue New Voluntary Self-Disclosure Policy As Efforts to Incentivize More Self-Reporting Continue

On February 22, 2023, the United States Attorneys’ Offices (USAO) issued a new Voluntary Self-Disclosure (VSD) Policy, which is effective immediately. The policy follows the revisions announced last month to the Department of...more

Littler

New York City D.A. Wants to Prosecute Wage Theft as a Crime

Littler on

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and...more

WilmerHale

Significant UK Ruling on the Contours of Criminal Liability for Human Rights Abuses Occurring in Overseas Supply Chains

WilmerHale on

A recent UK High Court decision clarifies the risks for companies operating in the UK being criminally investigated in respect of forced labour and other human rights abuses occurring in their overseas supply chains. ...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Hogan Lovells

Corporate criminal liability in Indonesia under the New Criminal Code – is there any difference?

Hogan Lovells on

Corporate criminal liability is not a new concept in Indonesia. However, it is rarely applied given unclear implementing regulation. The New Criminal Code introduces provisions about corporate criminal liability, which are...more

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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