Fraud, Willful Misconduct

Brainstorming Ways to Brainstorm Compliance Risks

NAVEX on 8/15/2024

Compliance officers need to think about fraud and misconduct risks all the time, which means you need to talk to others in your organization about exactly how those risks might happen – but what’s the right way for you to do...more

Fidelity Investigations: A Comprehensive Guide to Successful Claims Outcomes

J.S. Held on 3/11/2024

Introduction: Understanding Fidelity Investigations - Fidelity / Crime / Financial Institution Bonds, in a general sense, cover an insured from the willful theft of property, money, and securities by one of their employees...more

Good investigative practices apply in all settings

Health Care Compliance Association (HCCA) on 12/13/2023

As reported in the Report on Research Compliance, the Office of Inspector General (OIG) of the National Science Foundation (NSF) recently held a workshop on the performance of federal research misconduct investigations....more

Investigations Newsletter: Binance to Pay Historic $4 Billion Fine

ArentFox Schiff on 12/4/2023

Binance to Pay Historic $4 Billion Fine - Binance Holdings Limited, the operator of the world’s largest cryptocurrency exchange, agreed to pay $4.3 billion to resolve allegations that it violated the Bank Secrecy Act (BSA)...more

Enforcement News: SEC Brings Enforcement Action in Connection EB-5 Immigrant Investor Program

Freiberger Haber LLP on 11/29/2023

In July of this year, we wrote about a fraud action involving the EB-5 Immigrant Investor Program (“EB-5 Program” or “Program”) (here). Under the EB-5 Program, investors are eligible for permanent residency status in the U.S....more

The Whistleblower Experience – Unpacking the Benefits and Best Practices

NAVEX on 11/9/2023

If you find yourself thinking, “there are so many whistleblower stories in the news these days,” you’re not wrong. From historic awards being distributed from the U.S. Securities and Exchange Commission (SEC) to the EU...more

Let’s call it what it is

Society of Corporate Compliance and Ethics... on 9/11/2023

Sometimes I think we need fewer terms to describe the same or similar things. In the environmental, social, and governance (ESG) world, much is made—rightfully so—of greenwashing, which occurs when an organization makes false...more

Fake It till You Break It: Insurance Coverage Implications for ChatGPT Mishaps

Lowenstein Sandler LLP on 9/8/2023

ChatGPT, an Artificial Intelligence (AI) chatbot created by OpenAI, has taken the legal world by storm since it first launched in November 2022. The chatbot gained notoriety for its cutting-edge ability to answer questions...more

Do I Have Standing Under the TCPA? - McGlinchey Commercial Law Bulletin - July 11, 2023

McGlinchey Stafford on 7/12/2023

Standing- Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394. In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more

A House Of Cards: From Co-Inhabitants To Cooperators

Pietragallo Gordon Alfano Bosick & Raspanti,... on 1/13/2023

The United States continues its investigation into the now bankrupt FTX and its founder, Sam Bankman-Fried. Mr. Bankman-Fried was extradited from his luxurious Bahamas penthouse to the Southern District of New York. Now that...more

In The Know: The Lowenstein Insurance Recovery Group’s Tip Of The Month - April 2021

Lowenstein Sandler LLP on 4/7/2021

There is a common misconception that claims for intentional conduct are not covered under your insurance policy. In fact, insurance policies commonly provide coverage for intentional misconduct. For example, directors and...more

New Action By The CFTC Means Higher Stakes For Commodity Market Participants

Porter Hedges LLP on 4/1/2021

The Commodity Futures Trading Commission (“CFTC”) recently announced the settlement of its first enforcement action involving foreign corruption. In December 2020, the CFTC issued a Consent Order, finding that Houston-based...more

Data Corruption: DOJ Targets Fraud In Medical Research Trial In The Era Of COVID-19

Vinson & Elkins LLP on 3/23/2021

In late 2019, Gustav Eyler, the Director of the U.S. Department of Justice’s (“DOJ”) Consumer Protection Branch (“CPB”), cited fraudulent data in clinical research trials for new drugs and medical devices as a topic of “major...more

Making Them Pay: Supreme Court To Consider FTC’s Restitution Authority

Vinson & Elkins LLP on 7/16/2020

On July 9, 2020, the U.S. Supreme Court announced that it would review the Federal Trade Commission’s authority to seek restitution in federal court for consumers who have been harmed by fraud and other misconduct in the...more

Loan Guaranties: Statutory and Legal Defenses Can Be Waived, But What About Equitable Defenses?

Patton Sullivan Brodehl LLP on 9/1/2018

Guarantors of loans occupy a vulnerable position under California law. While direct borrowers often benefit from California’s robust statutory anti-deficiency framework, those protections are often unavailable for...more

What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

Seyfarth Shaw LLP on 2/23/2017

Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal...more

Fraud › Willful Misconduct