News & Analysis as of

Obstruction of Justice

Court Orders Jacobson Remand to Determine Reasonableness of $10 Million Fine

In United States v. Zukerman, No. 17-948 (2d Cir. Feb. 6, 2018) (ALK, RAK, RSP) (summary order), the appellant, Morris Zukerman, challenged the substantive and procedural reasonableness of his sentence, which was imposed...more

Rabobank Coughs Up $368 Million and Pleads Guilty to Conspiracy to Money Launder and Obstruct Investigation

by Michael Volkov on

The Justice Department announced a guilty plea by a subsidiary of Rabobank, a Dutch global bank, to a conspiracy to violate money laundering laws and obstruct a regulatory investigation of Rabobank’s activities in California....more

Obstruction of Justice: It's not the Crime, it's the Cover-up

by Ward and Smith, P.A. on

The familiar saying that "it's not the crime, it's the cover-up" is well-worn for a reason. Obstructive behavior or false statements can land defendants in hot water regardless of the substance of the government's underlying...more

U.S. Subsidiary Of Dutch Bank Pleads Guilty To Allegations That It Conspired To Obstruct OCC Examination Of AML Program

by Shearman & Sterling LLP on

On February 7, 2018, Dutch bank Rabobank’s U.S. subsidiary pleaded guilty to conspiring to impair, impede, and obstruct a review by the Office of the Comptroller of the Currency (“OCC”) of the bank’s anti-money laundering...more

Court Orders Jacobson Remand to Determine Reasonableness of $10 Million Fine

In United States v. Zukerman, No. 17-948 (2d Cir. Feb. 6, 2018) (ALK, RAK, RSP) (summary order), the appellant, Morris Zuckerman, challenged the substantive and procedural reasonableness of his sentence, which was imposed...more

Criminal Enforcement Against Senior Executives: The Fish Rots from the Head

by Michael Volkov on

The compliance community is well aware of the risks in the C-Suite. As you move up the corporate ladder, the level of risk from executive misconduct increases. A rotten executive can quickly bring down a company, destroy...more

Former DOJ Prosecutor Pleads Guilty After Attempting to Sell Sealed False Claims Act Cases to the Target Defendants

by McGuireWoods LLP on

A former prosecutor for the United States Department of Justice has pled guilty to attempting to sell sealed False Claims cases to the defendants in those cases and to transporting stolen goods across state lines. Jeffrey...more

It’s Not Nice to Fool The NTSB

by LeClairRyan on

Those of us of a certain age will remember the television ad for margarine that tastes so much like butter that even Mother Nature is fooled. When Mother Nature learns that the product is not her “delicious butter,” she...more

What Happens to Monetary Penalties When Convicted Defendant Dies with Pending Appeals?

by Charles (Chuck) Rubin on

This was the question in a recent Second Circuit Court of Appeals case. The defendant was convicted of securities fraud, mail and wire fraud and obstruction of justice, and entered into a negotiated guilty plea to criminal...more

Second Circuit Finds Death Extinguishes Trial Convictions and Related Restitution Order – But Tax Offenses and Bail Forfeiture...

In 2010, a federal jury in the Eastern District of New York convicted body-armor tycoon David H. Brooks of multiple counts of conspiracy, insider trading, fraud, and obstruction of justice for his role in a $200 million...more

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

“Say it Ain’t So Barry:” A Brief Commentary on United States v. Barry Lamar Bonds and the Elusive Definition of Obstruction of...

Politics can be a contact sport as is evident from the recent appointment of a Special Prosecutor to investigate alleged misdeeds by the Trump Administration including obstruction of justice. Ironically, the decision of an...more

Obstruction of Justice – A Primer

by Michael Volkov on

Our political discourse these days has been focused on three key words – obstruction of justice. Whatever your politics may be, these words and the law surrounding obstruction of justice are important to understand....more

Workers flee during MOL investigation, roofing company fined for obstructing inspector

by Dentons on

A roofing company has been fined $40,000 under the Occupational Health and Safety Act, including $15,000 for obstructing a Ministry of Labour inspector. The MOL inspector had gone to the site because of a complaint. He...more

White House Allegedly Purges Electronic Devices after Order to Preserve Data: An E-Discovery Teachable Moment

by Exterro, Inc. on

According to an article published in the Independent, allegations have arisen surrounding “White House officials and members of Donald Trump’s transition team…reportedly ‘purging’ their electronic devices to avoid being...more

New Administrative Penalties Against Individuals and Private Companies as Part of Mexico's Fight Against Corruption

by White & Case LLP on

On July 19, 2017, Mexico's new General Law on Administrative Accountability will take effect, imposing serious penalties on individuals and private companies that violate it, and requiring companies to adopt and implement...more

ZTE Pays the Price for Circumventing Sanctions and Export Controls

by Michael Volkov on

Here is a real zinger – clients sometimes do not tell their lawyers the truth. I will wait a minute while you get off the floor because I know everyone is shocked and amazed that this happens. But in the recent ZTE case,...more

"US Announces Record-Setting Penalties for Violations of Export Controls and Economic Sanctions"

On March 7, 2017, the United States announced that China’s Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. and their respective affiliates (collectively, ZTE) had agreed to a record...more

Fraud and Abuse Investigations Should be Taken Very Seriously

by Burr & Forman on

According to the United States Government, fraud and abuse recovery has an excellent return for each investment dollar spent. According to the Health Care Fraud and Abuse Control (HCFAC) Program Report,released by the...more

In Summary Order, Court Remands Obstruction Enhancement for Further Findings of Fact

In a summary order issued yesterday in United States v. Munteanu, No. 16-1254, the Second Circuit (Winter, Cabranes, Lynch) reiterated that a district court must make findings of fact before imposing an obstruction of justice...more

Lessons Learned and Compliance Trends from the VW and Takata Scandals (Part III of III)

by Michael Volkov on

When unraveling a major corporate scandal, especially multi-year schemes involving senior executives, the blame game or lessons learned approach can easily turn into a fruitless exercise. The VA and Takata scandals are...more

VW's $4.3BN Plea to Obstruction for Botched Litigation Hold

by Burr & Forman on

One of three counts in Volkswagen’s recent $4.3 billion guilty-plea was for obstruction of justice arising from a litigation-hold botched by house counsel. As VW prepared to admit the defeat-device problems to US...more

VW Fallout Continues: Mobile Source Emissions Enforcement Likely to Continue Full Speed Ahead under Trump Administration

by Snell & Wilmer on

The headlines generated by the Volkswagen emissions scandal continue to amaze the environmental community and the general public, both here and abroad. The events are shocking in part because they involve a household name in...more

Hunter S. Thompson and the World of International Corruption

by Thomas Fox on

In a tale worthy of the famous Hunter S. Thompson maxim, that “When the going gets weird, the weird turn pro”; the tale of BSG Resources (BSGR) and the Simandou mining concession in Guinea took a very weird turn this week...more

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