News & Analysis as of

Criminal Penalties

Southern District Deals Blow to FCPA-Based Securities Class Actions

by Dechert LLP on

When a public company resolves a Foreign Corrupt Practices Act (FCPA) investigation by either the U.S. Department of Justice (DOJ) or Securities and Exchange Commission (SEC), private litigation by investors under the...more

Financial Services Quarterly Report - First Quarter 2018: Luxembourg Implements Fourth EU AML Directive

by Dechert LLP on

The EU AML4 Directive (Directive)1 – an EU directive aimed at combatting money laundering and terrorist financing – has finally been transposed into Luxembourg law through the adoption of bill 71282. This occurred several...more

Costs Increase for Health Care Fraud and Abuse Violations

by Baker Ober Health Law on

Recent congressional action will have serious ramifications on corporate and individual defendants who are or could be under investigation for violations of federal health care program fraud and abuse laws. Changes...more

The Lacey Act in the 21st Century: An Old Law’s Renewed Clout Imposes Serious Consequences on Importers and Processors of Foreign...

In the past several years, some high-profile federal enforcement cases have confirmed the importance of awareness of, and compliance with, the Lacey Act. The first notable enforcement action under the Lacey Act took place...more

Civil and criminal penalties increased for fraud and abuse

by Bricker & Eckler LLP on

The Bipartisan Budget Act of 2018 (BBA 2018) significantly increased civil and criminal penalties for federal health care program fraud and abuse. Below is a summary of some of the BBA 2018 changes to the maximum penalty...more

DOJ Criminal Division Announces Major Change in Corporate Enforcement Policy

by Vedder Price on

On March 1, 2018, the Criminal Division of the U.S. Department of Justice (“DOJ”) announced that it has expanded the scope of cases in which it will consider issuing a formal declination of criminal charges for a company that...more

ICE Storm: Immigration Compliance Threats To The Hospitality Industry

by Fisher Phillips on

It’s no secret that immigration compliance is a priority to the Trump administration, so the recent announcement that it expects the number of worksite investigations to quadruple in coming years should come as no surprise....more

Chris Lazarini Discusses Recoupment of Civil and Criminal Penalties under Bankruptcy Code

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendant – who had pleaded guilty in a criminal case to one count of fraud under the Commodity Exchange Act (CEA) and one count of money laundering,...more

Offshore Accountholders Beware: New DOJ Sentencing Policy For FBAR Cases Is A Game-Changer

by Fox Rothschild LLP on

The Justice Department’s Tax Division has recently announced a major policy shift that will invariably result in longer jail sentences for individuals convicted of failing to report their offshore bank accounts on the FBAR...more

Jail for OHS Offences? Yes - Even if the OHS Prosecutor Didn’t Ask For it!

by Field Law on

It has long been the law in Alberta that work site parties convicted of offences under the Occupational Health and Safety Act, Regulations or Code could spend time in jail. Until recently, however, this had never happened....more

Tougher enforcement rules for invasive species

by Dentons on

The Government’s intention to introduce a broader range of penalties for offences involving invasive non-native animal and plant species in England and Wales has been outlined in a new consultation document....more

Nationwide 7-Eleven Immigration Raids Herald New Worksite Enforcement Strategy

by Fisher Phillips on

Slurpees are not the only ICE-y things being served at 7-Eleven these days. For the second time in five years, Immigrations and Customs Enforcement (ICE) raided dozens of 7-Eleven stores across the country in search of...more

New Procedures for Handling Juvenile Police Records for Illinois Municipalities

by Holland & Knight LLP on

• Public Act 100-0285, recently signed into law, amends the Illinois Juvenile Court Act. The amendment prohibits law enforcement agencies from disclosing records involving minors who commit ordinance violations. • The...more

DOJ Makes Permanent Its Program to Incentivize Self-Disclosure in FCPA Investigations

by Holland & Knight LLP on

• The U.S. Department of Justice's (DOJ) pilot program established in 2016 to incentivize companies to self-report violations of the Foreign Corrupt Practices Act (FCPA) will, with slight revisions, be made permanent. •...more

Argentina Passes New Anti-Corruption Statute

by Holland & Knight LLP on

A more robust anti-corruption culture is taking hold in Latin America. In line with this trend, the National Congress of Argentina just last week passed a bill creating a criminal liability regime for legal entities. As the...more

Government Enforcement Investigations – What You Need to Know in 2018

On October 4, 2017, Skadden presented the seminar “Government Enforcement Investigations – What You Need to Know in 2018.” Skadden partners Ryan Junck and Elizabeth Robertson, both based in London, moderated the panel...more

"Wage Theft"/"Wage Recovery" Bills Introduced

by Fisher Phillips on

Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act.  Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more

Legislature Addresses Ransomware Threat With Criminal Penalties

by Murtha Cullina on

It is fitting that on the first day of Cybersecurity Awareness Month, new legislation takes effect regarding one of the most destructive types of malware. In response to the rapidly increasing rate of computer extortion...more

Aegerion Settles Criminal and Civil Probe of Promotional Practices, REMS and HIPAA Compliance, and Patient Assistance Programs

On September 22, 2017, Aegerion Pharmaceuticals resolved a wide-ranging probe by the Department of Justice (DOJ) regarding the company’s U.S. commercial activities relating to Juxtapid, a lipid-lowering agent for the...more

In the Third-Largest FCPA Enforcement Action Ever, Telia Agrees to Pay Almost $1 Billion to Resolve Bribery Inquiry in Uzbekistan;...

by Ropes & Gray LLP on

In the first blockbuster FCPA action of the Trump administration, on September 21, 2017, Swedish telecommunications company Telia agreed to pay $965 million in total penalties to the U.S. Department of Justice (“DOJ”) and...more

End of DACA Can Have Serious Consequences for Employers

As the NMM Immigration Blog recently reported, the Department of Justice has ordered the Department of Homeland Security to begin winding down the Obama-era Deferred Action for Childhood Arrivals program (DACA). The DACA...more

Massachusetts Lawmakers Turn Attention to Cybersecurity

by Mintz Levin on

In the wake of growing concerns about data privacy and cyber threats, Massachusetts lawmakers are increasingly focused on evaluating and improving the state’s cybersecurity policies and information technology infrastructure....more

2017 Mid-Year Global Cartel Enforcement Report

by Morgan Lewis on

Fines significantly down, several enforcement firsts and a strong pipeline of new, mainly domestic cartel cases around the world....more

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

by Foley & Lardner LLP on

Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

Red Notice Newsletter - June 2017

ANTICORRUPTION DEVELOPMENTS - Linde Group Receives DOJ Declination Pursuant to FCPA Pilot Program - On June 16, 2017, German based chemical and gas company Linde Group’s American affiliates, Linde North America Inc....more

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Cybersecurity

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