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Criminal Liability Department of Justice (DOJ)

The Volkov Law Group

Supreme Court Continues to Pare Back Criminal Laws

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In a pair of rulings issued near the end of the last Term, Fischer v. United States and Snyder v. United States, the Supreme Court continued to cut back on the Justice Department’s interpretation and enforcement of criminal...more

Mayer Brown

US DOJ’s National Security Division Updates Enforcement Policy for Criminal Sanctions and Export Control Violations with New Focus...

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On March 7, 2024, the US Department of Justice’s National Security Division (NSD) released a revised Voluntary Self-Disclosure (VSD) Policy (the “VSD Policy”). The VSD Policy substantially tracks the language of the previous...more

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

Troutman Pepper

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Troutman Pepper on

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Jones Day

SDNY Launches Whistleblower Pilot Program to Encourage Self-Disclosure of Criminal Conduct

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The recently created SDNY Whistleblower Pilot Program encourages individuals to self-disclose certain criminal conduct and cooperate in resulting investigations and prosecutions. ...more

Seyfarth Shaw LLP

Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination

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Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality...more

Epiq

Complying with the U.S. Department of Justice’s New Safe Harbor Guidelines

Epiq on

On October 4, 2023, U.S. Deputy Attorney General Lisa Monaco announced a Department-wide Safe Harbor Policy for voluntary self-disclosures made in the context of the mergers and acquisition process. Monaco noted ...more

BakerHostetler

Congress Expands DOJ’s Power to Prosecute Corruption with the Foreign Extortion Prevention Act

BakerHostetler on

Adding to federal prosecutors’ tool kit in fighting global corruption, on December 14, 2023, Congress passed with bipartisan support, the Foreign Extortion Prevention Act (FEPA). As part of the National Defense Authorization...more

Barnea Jaffa Lande & Co.

Document Subpoena from US Authorities: Critical Steps

Barnea Jaffa Lande & Co. on

Receiving a document subpoena from the DOJ, the SEC, or any other US regulatory authority is a stressful and unpleasant situation.   Things may seem even more stressful and complicated if you are a foreign national or company...more

Bass, Berry & Sims PLC

[Webinar] 9th Annual Nashville Healthcare Fraud Conference - December 14th - 15th, 9:00 am - 2:00 pm CST

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Please join us for the 9th Annual Nashville Healthcare Fraud Conference hosted by Bass, Berry & Sims and the Tennessee Hospital Association. Eligible for more than seven hours of CLE credit (including ethics), this...more

Bass, Berry & Sims PLC

[Event] 9th Annual Nashville Healthcare Fraud Conference - December 7th, Nashville, TN

Bass, Berry & Sims PLC on

Please join us for the 9th Annual Nashville Healthcare Fraud Conference hosted by Bass, Berry & Sims and the Tennessee Hospital Association. Eligible for more than seven hours of CLE credit (including ethics), this...more

Epstein Becker & Green

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

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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

WilmerHale

DOJ Announces New Mergers & Acquisitions Safe Harbor Policy

WilmerHale on

On October 4, 2023, Deputy Attorney General Lisa Monaco announced a new safe harbor policy that may shield companies from criminal prosecution for misconduct they uncover at companies they are acquiring or have recently...more

Latham & Watkins LLP

Companies Face Increased Criminal Enforcement Risk From Aging Infrastructure-Related Disasters

Latham & Watkins LLP on

Utilities and energy companies can implement strategies to mitigate risks from more frequent environmental disasters and infrastructure failures. In the early morning of June 11, 2023, a tanker truck carrying gasoline up...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

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

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

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

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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

Fisher Phillips

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

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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

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

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

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

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