News & Analysis as of

Deferred Prosecution Agreements

Top Ten International Anti-Corruption Developments for February 2018

by Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

DOJ Settles Follow-On FCPA Case: Transport Logistics Pays $2 Million Penalty

by Michael Volkov on

Last week, the Justice Department announced its first FCPA enforcement action in 2018 – a follow-on settlement from prior FCPA enforcement actions centering on a bribery scheme involving a Russian government official from a...more

French prosecutors reach first ever DPAs settling bribery charges

by White & Case LLP on

In February 2018, the first Conventions Judiciaire d'Intérêt Public ("CJIPs") – or French Deferred Prosecution Agreements ("DPAs") – were entered into for corruption charges between the Public Prosecutor's Office of Nanterre...more

Canada's 2018 budget heralds introduction of deferred prosecution agreements for corporate wrongdoing

by Dentons on

For those interested in white collar enforcement trends in Canada, the 2018 Budget (the “Budget”), contained some important news. Specifically, as part of a broader commitment to “strengthening [Canada’s] approach to...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

UK Jury Verdict Clarifies “Adequate Procedures” Under UK Bribery Act

In an important decision given on February 21, 2018, a jury in English court proceedings has considered for the first time what “adequate procedures” should be for the purpose of a defense to the corporate offense of failing...more

White Collar Crime Alert -The French Prosecutor Office has Entered into the First French DPAs for Corruption Charges

On Feb. 23, 2018, a couple of months after the first French DPA (“CJIP - convention judiciaire d’intérêt public”) in history was entered into between the French prosecutor office and HSBC Private Bank Suisse in relation to...more

US Department of Justice and Federal Financial Regulators Allege AML Failures at Large US Financial Institution and Its National...

by Shearman & Sterling LLP on

The U.S. Department of Justice entered into a deferred prosecution agreement with a large U.S. financial institution, which includes a $528 million forfeiture, alleging that the institution’s national bank subsidiary...more

Bank Agrees to $613 Million Settlement Over Failings of Anti-Money Laundering Program

by Weiner Brodsky Kider PC on

On February 15, 2018, a national bank agreed to pay $613 million because of its failure to implement an effective anti-money laundering program, and because of its failure to report suspicious transactions....more

Global bribery and corruption outlook 2018

by Hogan Lovells on

For the most part, 2018 will see countries do more to enforce their anti-bribery and corruption laws. How authorities plan to do this — from cooperating with foreign counterparts to adapting others' regimes — differs by...more

Another Step Forward: Canada Announces Impending DPA Legislation and Further Integrity Regime Amendments

On February 22, 2018, Public Services and Procurement Canada (PSPC) released the results of its public consultation on corporate wrongdoing and announced impending legislative and policy changes that will reshape Canada’s...more

DOJ ‘Reminds’ Banking Industry of the Significant Risks Created by an Inadequate BSA/AML Program

Last week the Department of Justice (DOJ) announced criminal charges against U.S. Bancorp “consisting of two felony violations of the Bank Secrecy Act (‘BSA’) by its subsidiary, U.S. Bank National Association (the ‘Bank’),...more

US Bancorp Pays $613 Million And Joins The Ranks Of AML Violators

by Michael Volkov on

Prosecutors and regulators are targeting global banks.  The beginning of 2018 has seen dominated by enforcement actions of financial institutions – the Federal Reserve’s unprecedented enforcement action against Wells Fargo;...more

HSBC Enters Into Deferred Prosecution Agreement To Settle Charges Arising From Traders' Alleged FX Front-Running

by Shearman & Sterling LLP on

On January 18, 2018, HSBC Holdings Plc (“HSBC”) entered into a deferred prosecution agreement with the Department of Justice, Criminal Division, Fraud Section (“DOJ”) pursuant to which it will pay $101.5 million in criminal...more

Money laundering goes mainstream – How will the FCA Respond?

by White & Case LLP on

Money laundering has gone mainstream. The television drama Breaking Bad contained one of the clearest explanations of money laundering ever given. The new series McMafia has highlighted London as a hub for money laundering....more

Europe Insights

Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more

NY Fines Money Transfer Company $60M for Lax Controls, Facilitating Suspicious Transaction

by Weiner Brodsky Kider PC on

The New York State Department of Financial Services fined a large money transfer company $60 million for allowing some of its agents to aid in a significant number of money laundering transactions—including payments that...more

Singapore Expected to Introduce Deferred Prosecution Agreement Regime

by Morgan Lewis on

Singapore Minister for Home Affairs and Law K. Shanmugam announced earlier this week that the government is considering the inclusion of Deferred Prosecution Agreements in the latest round of amendments to the Criminal...more

The French Prosecutor Office Has Entered Into the First French DPA in History With HSBC Private Bank Suisse

On Nov. 14, 2017, six months after the so-called Sapin II law1 entered into force in France, the president of the Paris Tribunal de grande instance approved the first French deferred prosecution agreement (DPA or CJIP...more

A Last Hurrah - David Green CB QC’s Final Appearance Before the Justice Committee

by WilmerHale on

On 13 December 2017, the Justice Committee held an evidence session on the work of the Serious Fraud Office (“SFO”). In his last scheduled appearance before the Justice Committee, David Green CB QC—Director of the...more

What to look out for in UK litigation and investigations in 2018

by Ropes & Gray LLP on

2017 was an important year for the UK’s Serious Fraud Office (“SFO”). The Government’s plan to merge the SFO with the National Crime Agency was scrapped, seemingly securing the SFO’s future as an independent investigator and...more

Businesses face unlimited fines for failure to prevent facilitation of tax evasion

by Womble Bond Dickinson on

Introduction - As part of a global crackdown on tax evasion, the Criminal Finances Act 2017 (the Act) introduced a new offence. From 30 September 2017, an organisation commits a criminal offence if an employee or...more

Federal Court Finds “Oral Downloads” to SEC Waived Attorney Work Product Protection

by Dechert LLP on

U.S. Magistrate Judge Jonathan Goodman, in the Southern District of Florida, ruled last month that outside counsel’s “oral downloads” of internal investigation findings to the Staff of the Securities and Exchange Commission...more

The Sapin II Act: New Perspectives on Cross-Border Investigations

On November 30, 2017, the Institut des Hautes Etudes sur la Justice (IHEJ) and Skadden hosted a roundtable at the Cercle de l’Union Interalliée in Paris to discuss new perspectives on the Sapin II Act and cross-border...more

The Benefits of Corporate Anti-Corruption Programs: No Charges

by Blank Rome LLP on

The U.S. Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") issued 15 declination letters in 2017 notifying companies of their decision not to pursue charges in connection with alleged violations...more

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