Anatomy of a Successful Motion to Dismiss in RICO Case
Law School Toolbox Podcast Episode 305: Listen and Learn -- Property Crimes
Bar Exam Toolbox Podcast Episode 112: Listen and Learn -- Property Crimes
This Week in FCPA-Episode 58, the Declination Edition
In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight...more
Xu Guojun, along with co-conspirators Xu Chaofan and Yu Zhendong, exploited their positions at the Bank of China to steal bank funds and cover unauthorized foreign exchange losses. Due to their acts, the Bank of China...more
Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more
I know two retirement plan providers in Federal prison for embezzling retirement plan assets. They did the crime, they are doing the time. However, there are times when people haven’t embezzled, but they have done enough...more
While companies increase focus on external risks by enhancing regulatory compliance, anti-corruption policies, and cybersecurity, they must not lose sight of internal risks, including internal fraud and embezzlement....more
Corruption can manifest in many different forms, including cronyism, embezzlement, extortion, and bribery, and taints industries and jurisdictions arounds the world on a daily basis. It slows economic growth, thwarts...more
The scandal emanating from the 1 Malaysia Development Berhad fund (1MDB) continues to ripple through criminal law enforcement and criminal prosecutions. ...more
Companies with business operations in Korea should assess the risk of possible violations subject to the CIO’s jurisdiction. Gwon-lyeog-hyeong bi-li, a Korean phrase that translates as “power-type corruption” in English,...more
China’s most recent amendment to its Criminal Law updates the sentencing framework for non-state functionaries charged with corruption. Under the current framework, non-state functionaries are subject to lighter sentences...more
Google has threatened to pull its search engine from the entirety of the Australian continent “if the government approved legislation that would force tech companies to pay for journalism shared on their platforms.” Facebook...more
Precedential Opinions of Note - Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud - United States v. James (April 3, 2020), No. 19-1250...more
As businesses across the country begin to reopen in the wake of COVID-19, they should prepare for an anticipated surge of embezzlement schemes by employees — and banks and financial institutions should prepare for a surge of...more
Volatility’s the name of the game again, folks, and we have COVID-19 to thank. Just a day after markets jumped in response to central bank and Super Tuesday news, the dove again some 3% as virus-related fears took hold again....more
A Textbook Case of Alleged Money Laundering? On November 18, 2019, the U.S. Attorney for the Southern District of New York announced the arrest and unsealed the indictment of Bruce Bagley – a 73-year-old college professor...more
Strict procedural rules apply to corporate dissolution proceedings in New York, a difficult truth learned the hard way by a five-time rejected, would-be dissolution petitioner in a recent decision by Bronx County Supreme...more
In a special five-part podcast series, I interview John Gill, Vice President for Education at the Association of Certified Fraud Examiners (ACFE). In this series, John discusses five well-known fraudsters, including what...more
I report herein on 2018’s parade of reprobates, rapscallions and others generally lacking in moral hygiene. We reflect on a mother’s love, corruption in Venezuela, a disloyal employee, stealing from friends, a disgraced...more
On August 29, the Wall Street Journal reported (paywall) a story that other news outlets later have picked up: the Department of Justice (“DOJ”) is investigating whether Jho Low, a Malaysian businessman at the center of the...more
As we have blogged, the United States Attorney’s Office for the Southern District of Florida is pursuing charges against eight individuals for allegedly conspiring to launder $1.2 billion embezzled from a Venezuelan...more
A lot of the furor over Elon Musk’s recent “going private” tweets has centered on whether he actually had the financial backing needed to pull it off. The Times sets aside that initial inquiry to explore the why and how,...more
A Quarterly Review of Third Circuit Opinions for White-Collar Criminal Lawyers - Precedential Opinions of Note - Third Circuit Rules That 42 U.S.C. § 1572(d) Does Not Protect Misuse of Funds - United States v. James (April...more
The Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of the Treasury issued an advisory on September 20 warning U.S. financial institutions of “money laundering schemes used by corrupt Venezuelan...more
In United States v. Bodouva, 16-3937 (March 22, 2017) (Katzmann, C.J., Pooler and Lynch, J.), the Court held in a per curiam order that a defendant convicted of embezzlement must forfeit the full amount of her illicit gains...more
I continue my review of the Johnson Controls, Inc. (JCI) Foreign Corrupt Practices Act (FCPA) enforcement action today by focusing on the Department of Justice’s (DOJ’s) Declination to Prosecute. Yesterday, I considered the...more
Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more