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Public Officials Criminal Prosecution

Womble Bond Dickinson

Supreme Court Resolves Circuit Split and Finds Federal Gratuities Inapplicable to State and Local Officials

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On June 26, 2024, the U.S. Supreme Court issued an opinion in a public corruption case that could have a lasting impact on how the U.S. Government prosecutes corruption and procurement fraud cases involving state and local...more

Baker Donelson

Timing is Everything: The Court's Latest Gift to Defendants in Bribery Prosecutions (Snyder v. United States)

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Readers of prior Firm client alerts in the white-collar criminal space will no doubt recall the Supreme Court's recent trend of scaling back the powers of the Department of Justice (DOJ) in prosecuting public corruption...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds Bribery Statute Does Not Criminalize After-the-Fact Gratuities

In the latest example of the Roberts court reining in the government’s use of broadly worded criminal statutes, on June 26, 2024, the Supreme Court ruled in United States v. Snyder that the federal bribery statute does not...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Snyder v. United States

On June 26, 2024, the U.S. Supreme Court decided Snyder v. United States, No. 23-108, holding that federal statute 18 U. S. C. § 666, which makes it a crime for most state and local officials to “corruptly” solicit, accept,...more

Latham & Watkins LLP

Former Aide to Madagascan President Sentenced for Soliciting Bribes From UK-Based Company

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The sentencing of Romy Andrianarisoa, the first ever foreign public official to be convicted under the Bribery Act 2010, provides important takeaways. On 10 May 2024, Romy Andrianarisoa was sentenced to three-and-a-half...more

Akerman LLP

Enactment of the Foreign Extortion Prevention Act Expands the U.S. Department of Justice’s Ability to Prosecute International...

Akerman LLP on

The breadth of the recently enacted FEPA presents pitfalls for U.S. companies dealing with foreign governments and state-owned entities requiring significant caution and effective compliance controls....more

Benesch

Supreme Court to Weigh in on Scope of Federal Bribery Statute

Benesch on

In Snyder v. United States, the Supreme Court of the United States could redefine the legal boundaries regarding federal bribery as it prepares to answer whether the primary federal bribery statute, 18 U.S.C. § 666,...more

Bricker Graydon LLP

Auditor of State Releases Final Levy and Bond Campaign Guidance after Criminal Prosecutions

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In November 2021, for the first time in Ohio history, a public school superintendent and four elected board of education members were criminally charged for activities related to a levy campaign designed to financially...more

Bricker Graydon LLP

Ohio Supreme Court rules prosecutors need not wait for investigation by OEC

Bricker Graydon LLP on

​​​​​​​On October 18, 2022, the Ohio Supreme Court ruled that prosecutors don’t need to wait for an investigation by the Ohio Ethics Commission before prosecuting a public official charged with violating Ohio’s ethics laws....more

Jackson Walker

U.S. Supreme Court Again to Address DOJ’s Prosecution of ‘Honest Services Fraud’

Jackson Walker on

Can a private citizen who holds no elected office or government position owe a fiduciary duty to the general public such that he can be convicted of honest services fraud? On June 30, 2022, the Supreme Court granted...more

Jones Day

New Guidance for Dutch Prosecutor on the Investigation and Prosecution of Foreign Corruption

Jones Day on

On October 1, 2020, the new Instruction on the Investigation and Prosecution of Foreign Corruption for the Dutch Public Prosecution Service ("DPPS") entered into force, indicating certain factors that play a role in...more

Latham & Watkins LLP

Global Legal Insights: Bribery & Corruption, 7th Edition – Japan

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We are pleased to present the seventh edition of Global Legal Insights – Bribery and Corruption. This book sets out the legal environment in relation to bribery and corruption enforcement in 28 countries and one region...more

Polsinelli

Second Circuit Ruling Clarifies Post-McDonnell Public Corruption

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On Tuesday, former New York State Assembly Speaker Sheldon Silver received a welcomed victory, albeit partial, in the Government’s long running prosecution accusing him of fraud, extortion and money laundering....more

Barnea Jaffa Lande & Co.

United States: Enhanced Enforcement Policy regarding Anti-Corruption and Bribery Law on Non-US Citizens and Companies

Last November, a Connecticut jury convicted Mr. Hoskins on six counts of bribing a foreign public official under the Foreign Corrupt Practices Act (FCPA), and on three counts of money laundering. This is an important red...more

Dechert LLP

Broad View of FCPA Affirmed by Second Circuit

Dechert LLP on

A recent decision by the United States Court of Appeals for the Second Circuit resolved several issues under the Foreign Corrupt Practices Act (“FCPA”) in a manner favorable to prosecutors. In United States v. Ng Lap...more

A&O Shearman

Second Circuit Limits The Application Of McDonnell v. United States And Declines To Extend The Potential Scope Of Liability In...

A&O Shearman on

On August 9, 2019, the United States Court of Appeals for the Second Circuit denied the appeal by a Chinese real estate developer of his 2017 conviction arising from the alleged bribery of United Nations (“UN”) officials....more

Obermayer Rebmann Maxwell & Hippel LLP

State Representative Enters Consent Agreement for $14K in Ethics Violations, But No Criminal Referral

Last week, the Pennsylvania State Ethics Commission (“Commission”) entered into a public consent agreement to fine a sitting state representative $14,000 for violating state ethics law. The Commission’s final adjudication,...more

The Volkov Law Group

Fighting Corruption and Obstacles to Criminal Prosecution — (Part II of II)

The Volkov Law Group on

There is no universal definition of corruption. Frankly, the term can be narrowly defined to focus on bribery or it can be given a wider application, extending to abuse of power. Transparency International defines...more

Patterson Belknap Webb & Tyler LLP

Skelos Vacated: For The Second Time This Year, Conviction Of Leading New York State Legislator Is Undone Due To McDonnell

The Second Circuit (Winter, Raggi, Hellerstein by designation)yesterday, vacated by summary order the convictions of former New York State Senate Majority Leader Dean Skelos and his son Adam Skelos. Dean and Adam Skelos were...more

Troutman Pepper

Second Circuit Reinforces Narrow Definition of 'Official Act' in Politician's Fraud Case

Troutman Pepper on

On July 13, the U.S. Court of Appeals for the Second Circuit vacated the conviction of former New York State Assembly Speaker Sheldon Silver, who was convicted in 2015 on seven counts of honest services fraud, Hobbs Act...more

Patterson Belknap Webb & Tyler LLP

United States v. Boyland, No. 15-3118

On July 10, 2017, in United States v. Boyland, No. 15-3118 (Kearse, Walker, Hall), the Second Circuit affirmed the conviction of former New York State Assembly member William F. Boyland, Jr. on twenty-one counts of public...more

Stinson - Corporate & Securities Law Blog

The Domestic Corrupt Practices Act Arrives According to the SEC

The Securities and Exchange Commission announced that the parent company of United Airlines has agreed to pay $2.4 million to settle charges for providing a public official with more convenient flight options. The parent...more

Proskauer - Corporate Defense and Disputes

DOJ Moves to Dismiss Public Corruption Charges Against Former VA Governor

Last week, the U.S. Attorney’s Office for the Eastern District of Virginia moved to dismiss public corruption charges against former Virginia Governor Robert McDonnell, and his wife, Maureen McDonnell. The decision comes...more

Melito & Adolfsen

Dismissal of Charges Against Former Virgina Governor McDonnell is Another Lesson in Prosecutorial Discretion

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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

The Volkov Law Group

The FCPA Implications of the Supreme Court’s McDonnell Decision – A Mountain Out of a Molehill?

The Volkov Law Group on

The Supreme Court’s decision in the McDonnell case was expected. It was evident that the Supreme Court was going to reverse the convictions when it granted a stay of McDonnell’s sentence and agreed to hear the case....more

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