Late last week, a D.C. Circuit Court panel (which included Chief Judge Srinivasan) again reiterated that Federal Election Commission (FEC) complaint dismissals premised on prosecutorial discretion are not subject to judicial...more
A new Texas law will go into effect on September 1, 2023 that is directly aimed at curbing the discretion of local prosecutors in deciding which classes or types of cases they choose not to pursue....more
Last week, the U.S. Department of Homeland Security announced “Process Enhancements for Supporting Labor Enforcement Investigations.” Employers beware. This new process increases the likelihood that undocumented workers will...more
The en banc U.S. Court of Appeals for the District of Columbia Circuit recently issued its long-anticipated decision in Citizens for Responsibility and Ethics in Washington (CREW) v. Federal Election Commission (FEC)...more
On October 28, 2021, U.S. Deputy Attorney General Lisa O. Monaco—a veteran of government service in previous Administrations and a champion of corporate accountability—announced several significant changes to current...more
The Office of the Principal Legal Advisor (OPLA) is the exclusive representative of the U.S. Department of Homeland Security in immigration removal proceedings before the Executive Office for Immigration Review. OPLA’s...more
On June 1st, 2o21,the European public prosecuters office, the European Union's new arm to combat fraud, became operational. The key elements of the new Public Prosecutor's Office are as follows...more
On January 29, President Biden’s Acting Attorney General Monty Wilkinson issued a memorandum to all federal prosecutors titled, “Interim Guidance on Prosecutorial Discretion, Charging, and Sentencing” (Wilkinson Memo)....more
On January 17, 2020, the United Kingdom’s Serious Fraud Office (“SFO”) published new guidance regarding how the office assesses the compliance programs of organizations that are under investigation. “Evaluating a Compliance...more
In 2019, the Criminal Division of the U.S. Department of Justice (DOJ) continued its efforts, begun a few years prior, to enhance transparency with respect to the DOJ's prosecutorial decision-making. In public statements, DOJ...more
In BioDelivery Sciences Int’l v. Aquestive Therapeutics, Inc., the Federal Circuit confirmed that the PTAB has broad discretion to reconsider institution decisions and terminate instituted proceedings even after trial has...more
The bill to amend the Anti-Monopoly Act (the "AMA"), that includes reform of leniency system, has passed on June 19, 2019. New leniency system will be effective no later than from December 25, 2020....more
The Director of the Civil Fraud Section of the Department of Justice (DOJ), Michael Granston, issued a memo in January 2018 noting the recent increase in qui tam lawsuits filed under the False Claims Act (FCA). The Granston...more
This is a follow up... regarding the DOJ Opinion on its interpretation of the Wire Act. In a memo dated January 15, 2019, the Deputy Attorney General declared: Department of Justice attorneys should adhere to the Office of...more
Three days after retail sales of marijuana became legal in California, U.S. Attorney General Jeff Sessions announced today a new marijuana enforcement policy which rescinds long-standing policy set by the Obama...more
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including new U.K. reporting obligations for sanctions violations,...more
This year, the Innocence Project celebrated its 25th anniversary. With this milestone, Time magazine observed the increasing trend of exonerations of the falsely accused: “For the third year in a row the number of...more
Depending on whom you ask, the U.S. Code contains between 3,000 and 4,500 federal crimes. The sheer volume has prompted legal commentators to decry the steady expansion of federal criminal statutes over the last several...more
Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more
On February 20, 2017, Secretary John Kelly of the U.S. Department of Homeland Security (DHS), issued two immigration memos entitled, “Implementing the President’s Border Security and Immigration Enforcement Improvements...more
The first FCPA enforcement action for 2017 landed with very little fanfare. The SEC reached a settlement with Mondelez International for $13 million. The facts surround the hiring of an agent in India and the failure of...more
Panorama - Para muitas pessoas nesta semana, o impensável e inesperado se tornou uma realidade política com a eleição de Donald Trump. Se alguém estava se perguntando se a retórica rígida durante a campanha seria...more
Overview - For many this week, the unthinkable and unexpected became a political reality with the election of Donald Trump. If anyone was wondering if the tough rhetoric during the campaign would be relaxed after the...more
A recently published proposed rule expands the functions and responsibilities of state Medicaid Fraud Control Units (MFCUs). The rule was issued by the Centers for Medicare and Medicaid Services (CMS) and the Office of...more
On September 8, 2016, the United States moved to dismiss the charges against Robert F. McDonnell and his wife Maureen McDonnell. The reason given for the decision was short but thoughtful: "After carefully considering the...more