News & Analysis as of

Criminal Prosecution National Security

King & Spalding

Attorney General of the United States v. Wynn: D.C. Circuit Rules Out Injunctive Relief for Past FARA Violations, Leaving Criminal...

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On June 14, 2024, a panel of the U.S. Court of Appeals for the District of Columbia held that the Department of Justice (DOJ) may not seek an injunction to compel retroactive registration under the Foreign Agents Registration...more

Wilson Sonsini Goodrich & Rosati

National Security Division’s Voluntary Self-Disclosure Policy in Action: Exchanging Cooperation for Declination

Last month, the U.S. Department of Justice (DOJ) announced that it would not charge MilliporeSigma, a life sciences company, even though one of its employees falsified export documents. The DOJ declined to prosecute...more

The Volkov Law Group

Life Sciences Company Escapes Criminal Charges for Employee’s Illegal Export Scheme

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Sigma-Aldrich, Inc., d/b/a MilliporeSigma (“MilliporeSigma”), a U.S. life sciences company based in Massachusetts, escaped criminal charges for export control violations, despite a former sales person’s scheme to illegally...more

ArentFox Schiff

Investigations Newsletter: Biomedical Company Avoids DOJ Prosecution After First Ever Voluntary Corporate Self-Disclosure of Fraud...

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Biomedical Company Avoids DOJ Prosecution After First Ever Voluntary Corporate Self-Disclosure of Fraud Under NSD Enforcement Policy - On May 22, the US Department of Justice (DOJ) announced that it will not prosecute a...more

Blake, Cassels & Graydon LLP

Projet de loi C-70 du gouvernement fédéral : Nouvelles infractions criminelles et procédures visant l’ingérence étrangère

À la suite de la publication du rapport initial de la Commission sur l’ingérence étrangère le 3 mai 2024, le ministre de la Sécurité publique du Canada a déposé le projet de loi C-70, Loi concernant la lutte contre...more

Blake, Cassels & Graydon LLP

Canada Responds to Foreign Interference with New Criminal Offences and Procedures

Following the release of the Foreign Interference Commission’s Initial Report on May 3, 2024, Canada’s Minister of Public Safety has tabled Bill C-70, the Countering Foreign Interference Act (Bill). The Bill would create a...more

Hogan Lovells

U.S. Department of Justice updates its Enforcement Policy for Business Organizations

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On March 7, 2024, the U.S. Department of Justice’s National Security Division (NSD) issued an updated Enforcement Policy for Business Organizations. The updated policy encourages companies to voluntarily disclose to NSD...more

Locke Lord LLP

OFAC, BIS and DOJ Issue TriSeal Guidance on Obligations of Non-U.S. Persons to Comply With U.S. Sanctions and Export Control Laws

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On March 5, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of Justice (“DOJ”) issued a...more

Mayer Brown

The US Foreign Agents Registration Act (FARA): Key Issues to Watch in 2024

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With recent high-profile prosecutions continuing to draw attention to the Foreign Agents Registration Act (FARA) and related political laws, and a number of notable announcements by Department of Justice (DOJ) officials at a...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – July 2023 Update

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July saw two noteworthy Russia enforcement actions. A Russian national was arrested in Estonia and extradited to the United States after being charged with conspiring to procure U.S.-origin technologies and ammunition on...more

Venable LLP

Honesty is Good for Your Bottom Line: Commerce, Treasury, and DOJ Tout the Benefits of Voluntary Self Disclosure in Tri-Seal...

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Voluntary self-disclosure is a valuable remediation measure for companies who identify their own potential violations of U.S. sanctions, export controls, and other national security laws....more

The Volkov Law Group

Justice Department Announces First Criminal Cases from Multi-Agency Disruptive Technology Strike Force

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The Justice Department has made it clear that it intends to prioritize criminal prosecution of national security cases to prevent hostile nation-states from illegally acquiring sensitive U.S technology.  To this end, DOJ...more

The Volkov Law Group

Corporate Crime and National Security – The Confluence of Prosecution and Foreign Policy (Part I of III)

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To restate the obvious – DOJ has prioritized prosecution of national security crimes.  For the business world, every company touches the international economy.  Even a domestic company might sell products or services outside...more

Holland & Knight LLP

DOJ Announces Significant Policy Changes Affecting Corporate Criminal Enforcement

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In back-to-back speeches to the American Bar Association's National Institute on White Collar Crime on March 2-3, 2023, U.S. Department of Justice (DOJ) Deputy Attorney General Lisa O. Monaco and Assistant Attorney General...more

McDermott Will & Emery

DOJ Announces Major Changes to Corporate Compliance Program Evaluation Criteria

During speeches on March 2 and 3, 2023, at the American Bar Association (ABA) National Institute on White Collar Crime (the 2023 White Collar Conference), Deputy Attorney General (DAG) Lisa Monaco, Assistant Attorney General...more

Kilpatrick

6 Key Takeaways | Criminal Trade Secret Theft

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Partners Adria Perez and Clay Wheeler presented "Criminal Enforcement Trends in a Connected World" at our Kilpatrick Intellectual Property Seminar (KTIPS). ...more

Kilpatrick

4 Key Takeaways - U.S. Government Enforcement Related to Research

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Kilpatrick Townsend partners Adria Perez and Clay Wheeler recently presented “Criminal Enforcement Trends in a Connected World” at the firm’s Kilpatrick Townsend Intellectural Property Seminar (KTIPS). KTIPS is an intensive,...more

Torres Trade Law, PLLC

ZTE’s Court-Appointed Monitorship Comes to a Close

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The largest criminal monitorship in U.S. history has ended. On March 22, 2022 a U.S. judge ruled that Chinese telecommunications giant ZTE Corporation had completed the terms of its five-year probation, which began in 2017...more

The Volkov Law Group

DOJ Charges United States/Russian National with Acting as an Illegal Agent under FARA

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In another action targeting Russian actors and connections, the Justice Department indicted Elena Branson, a dual United States-Russian national with criminal evasion of Foreign Agents Registration Act (“FARA”) registration...more

McDermott Will & Emery

[Webinar] 2022 Enforcement Outlook Series - Foreign Corrupt Practices Act/Anti-Corruption - March 8th, 12:00 pm - 1:00 pm EST

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As expected when a new administration takes office, 2021 saw a surge in white-collar enforcement activity. There was a 12% increase in white-collar prosecutions during US President Joe Biden’s first year in office, and that...more

Goodwin

2021 Year in Review: FCPA

Goodwin on

A. Basic Overview of Statute - The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (FCPA), makes it unlawful for U.S. persons and entities and others who act within the jurisdiction of the...more

Jones Day

FCPA 2021 Year In Review

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The Biden administration took office in January 2021, announcing aggressive and sweeping anticorruption initiatives to tackle corruption around the world, labeling corruption a national security priority, and signaling a...more

Wiley Rein LLP

Trial Date Set for Former Trump Adviser Charged with Acting as an Agent of a Foreign Government

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The U.S. District Court for the Eastern District of New York has set jury selection to begin September 7, 2022, in regard to the prosecution of Thomas Barrack, a friend and former key adviser to ex-U.S. President Donald...more

The Volkov Law Group

Here Comes DOJ – Corporate Crime Enforcement

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Lisa Monaco, the Deputy Attorney General (No. 2 in DOJ), delivered an important speech at the National Institute of White Collar Summit.  Lisa was part of the Enron Task Force years ago and has a strong professional...more

Oberheiden P.C.

DOJ, FBI Targeting U.S. Citizens and Foreign Nationals Suspected of Acting as Agents of Foreign Governments

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In October 2020, the U.S. Department of Justice (DOJ) filed charges against eight individuals accused of operating “repatriation squads” in the United States on behalf of the People’s Republic of China (PRC). It announced...more

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