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Criminal Liability Department of Justice (DOJ) Criminal Prosecution

The Volkov Law Group

The Coming Corporate Sanctions Enforcement Storm (Part I of II)

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There are some things you learn best in calm, and some in storm.  Willa Cather I know I sound like a broken record.  The Justice Department’s white collar criminal enforcement  has been trending down over the last few...more

Epstein Becker & Green

DOJ Seeks to Dismiss Its Last Pending No-Poach Criminal Action

Epstein Becker & Green on

As we discussed earlier this year, the U.S. Department of Justice (“DOJ”) in recent years has brought numerous criminal prosecutions against companies accused of engaging in so-called “naked” no-poach agreements, i.e.,...more

Oberheiden P.C.

DOJ Announces Launch of Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force

Oberheiden P.C. on

On May 11, 2023, the U.S. Department of Justice (DOJ) announced the launch of its Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force. This new task force will focus specifically on combating...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

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

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

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

Fisher Phillips

WhatsApp Messages May Be Gone But Never Forgotten – At Least Not By the DOJ: Your Company’s 6-Step Action Plan

Fisher Phillips on

When your employees go “off-grid” and use unauthorized third-party messaging applications that fall beyond typical email and texting – like the self-destructing WhatsApp messages – they put you at increasing risk of scrutiny...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

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

Justice Department Memo Raises the Stakes for Workplace Safety–Related Investigations

On September 9, 2015, then U.S. Deputy Attorney General Sally Quillian Yates issued a memo, “Individual Accountability for Corporate Wrongdoing,” that sent shivers down the spines of those in the workplace safety community....more

Farella Braun + Martel LLP

Uber’s Former Chief Security Officer Found Guilty of Obstruction for Coverup of Data Breaches

On October 5, 2022, after a monthlong jury trial, former Uber Chief Information Security Officer Joseph Sullivan was found guilty of obstructing proceedings of the Federal Trade Commission (FTC) and misprision of a felony...more

Health Care Compliance Association (HCCA)

[Webinar] The 7 Elements Made Easy: Translating Compliance Speak for New Professionals - November 16th, 12:00 pm - 1:30 pm CST

Learning objectives: - Define the overarching purpose of Compliance Programs - From a practical perspective in detecting, correcting, and preventing wrongdoing, and; - From the perspective of increasing the chances...more

Polsinelli

DOJ Strengthens Efforts to Combat Corporate Crime with Increased Focus on Individual Culpability and Self-Disclosure

Polsinelli on

As a product of the Department of Justice’s newly minted Corporate Crime Advisory Group, the DOJ has issued follow-up guidance to its October 2021 memo on corporate criminal enforcement, which reinstated prior guidance...more

Paul Hastings LLP

[Webinar] Recent Trends in the U.S. Department of Justice’s International Criminal Investigations - September 8th, 9:00 am - 10:00...

Paul Hastings LLP on

Discussion with two former senior prosecutors on how to handle cases involving Japanese multinational corporations - It is not unusual for the U.S. Department of Justice to investigate non-U.S. multinational corporations...more

Butler Snow LLP

Criminal Liability of Pharmaceutical Executives Under the Controlled Substances Act

Butler Snow LLP on

Civil lawsuits are an unavoidable and expected consequence of operating in a heavily regulated industry. While CEOs and other pharmaceutical executives may lose sleep over the outcome of civil trials and the potential...more

CDF Labor Law LLP

[Webinar] Consequences of No-Poach Agreements: Civil and Criminal - May 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more

McDermott Will & Emery

[Webinar] Trial Team Reflections on Win in First-Ever Criminal No-Poach Case: DOJ May Have Lost, But The Game Is Not Over - May...

McDermott Will & Emery on

In July 2021, the US Department of Justice’s (DOJ) Antitrust Division brought its first-ever criminal no-poach market allocation case. The Antitrust Division indicted DaVita, Inc. and its former CEO Kent Thiry on three counts...more

Freeman Law

IRS Voluntary Disclosures and Criminal Employment Tax Violations

Freeman Law on

Taxpayers who employ workers have obligations under federal law to withhold and remit federal employment taxes to the IRS. In addition to this withholding and payment requirement, federal law also imposes certain reporting...more

Carlton Fields

High Crimes and Misdemeanors: Federal Criminal Aviation Cases From 2021

Carlton Fields on

Join Carlton Fields attorney Ed Page, former federal prosecutor and active pilot and flight instructor, as he discusses federal criminal aviation cases from the past year, including the main tools used by the Department of...more

Oberheiden P.C.

Prescription and Medication Counterfeiting Defense

Oberheiden P.C. on

21 U.S.C. § 331: Selling Counterfeit Drugs - Under Section 331, it is illegal to sell counterfeit drugs in interstate commerce. Because this includes online sales, the “interstate commerce” element is very easy to...more

Orrick, Herrington & Sutcliffe LLP

DOJ’s Renewed Focus on Individual Accountability in White Collar Criminal Enforcement

In a speech to the ABA’s 2021 annual National Institute on White Collar Crime, Deputy Attorney General (“DAG”) Lisa Monaco emphasized that prosecuting individuals accused of white collar crime is a top priority for the Biden...more

Tucker Arensberg, P.C.

Medical Practices Face Liability for COVID Accelerated and Advance Payments and PPP Loans

Tucker Arensberg, P.C. on

Medical practices are now beginning to encounter Medicare payment claw backs by CMS for COVID Accelerated and Advanced Payments (CAAP) and Department of Justice (DOJ) prosecution for Paycheck Protection Program (PPP) abuses. ...more

Vinson & Elkins LLP

Biden Administration Looks To Recriminalize Accidental Bird Deaths In Traditional And Renewable Energy Sectors

Vinson & Elkins LLP on

The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...more

Saul Ewing LLP

The Responsible Corporate Officer Doctrine and the Food, Beverage and Agribusiness Industry — What You Need to Know

Saul Ewing LLP on

In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Justin Danilewitz, a litigator in the Firm’s White Collar and Government...more

Cozen O'Connor

Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement

Cozen O'Connor on

The Department of Justice (DOJ) is carrying out its promise to prosecute illegal “no-poach” agreements between companies. Until last week, DOJ had brought only civil enforcement actions against companies that have allegedly...more

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