News & Analysis as of

Willful Misconduct White Collar Crimes

Porter Hedges LLP

Government Signals Focus on AI Enforcement and Data Protection

Porter Hedges LLP on

Government officials underscored the importance of artificial intelligence (AI) enforcement and data protection during the American Bar Association’s 39th National Institute on White Collar Crime in March 2024. Specifically,...more

Cozen O'Connor

Buyer Beware: DOJ Announces New Safe Harbor Policy Encouraging Voluntary Self-Disclosure of Misconduct Discovered During Mergers &...

Cozen O'Connor on

In its most recent installment of revamped white-collar criminal enforcement and compliance policies, the Department of Justice (DOJ) unveiled on Wednesday a new “Mergers & Acquisitions Safe Harbor Policy.” Deputy Attorney...more

McDermott Will & Emery

DOJ Formalizes Guidelines, Incentives for Corporate Self-Disclosure Through New Policy Directive for US Attorneys’ Offices

McDermott Will & Emery on

On February 24, 2023, the US Department of Justice (DOJ) rolled out a corporate self-disclosure policy (the Policy) to be applied by all 93 US Attorneys’ Offices throughout the country. The details of the Policy—which...more

Orrick, Herrington & Sutcliffe LLP

DOJ revises corporate enforcement policy applicable to all criminal matters including FCPA cases

On January 17, Assistant Attorney General Kenneth A. Polite, Jr. delivered remarks at Georgetown University Law Center, during which he announced changes to the DOJ’s Criminal Division Corporate Enforcement and Voluntary...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Winter 2022

Cozen O'Connor on

Defendants Cannot Move for Compassionate Release Based Solely on Post-Sentencing Cooperation- United States v. Claude (October 27, 2021), No. 20-3563- BACKGROUND- Defendant sought compassionate release to reduce his...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for October 2021

Morrison & Foerster LLP on

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 case developments from the past month,...more

Fox Rothschild LLP

Federal Criminal Investigations – Biden Justice Department Emphasizes Focus on Prosecuting Individual Corporate Criminal...

Fox Rothschild LLP on

Recent remarks to American Bar Association’s National White Collar Criminal Defense Institute by Deputy Attorney General Lisa O. Monaco serve as a clear warning to businesses that the Biden Justice Department will demand...more

K2 Integrity

Digging Deeper Episode 6: One-on-One with Jules Kroll

K2 Integrity on

Jules Kroll is widely credited as the founder of the modern corporate investigations industry, and this episode goes behind the scenes of Jules’ career....more

Vinson & Elkins LLP

Fifth Circuit: “Everybody Knew” Evidence Insufficient For Willfulness

Vinson & Elkins LLP on

A recent Fifth Circuit decision, United States v. Nora,1 reversed a clerical employee’s convictions for conspiring to commit health care fraud, conspiring to pay or receive illegal health care kickbacks, and aiding and...more

K2 Integrity

Digging Deeper Episode 4: Public Sector Lessons for the Corporate Investigator

K2 Integrity on

What changes when an investigator leaves the public sector and joins the private sector? For Brian Cairl, senior managing director and director of investigations of the Americas, his toolkit from his time in law enforcement...more

The Volkov Law Group

Keeping Your Eye on the Risk Ball

The Volkov Law Group on

Compliance officers face almost an infinite number of risks – not to be trite, but CCOs can drive themselves crazy identifying every plausible legal and compliance risk a company faces.  I am exaggerating a little bit to make...more

Ballard Spahr LLP

Federal Court Makes Clear That International Financial Institution Must Appear for Arraignment in Criminal Action

Ballard Spahr LLP on

Court Rejects Attempt by Halkbank to Enter “Special Appearance” Contesting Jurisdiction - Turkish state-owned bank Halkbank’s efforts to avoid appearing in U.S. federal court for arraignment were squashed recently in a...more

Snell & Wilmer

Yates Memorandum: Rosenstein Announces Easier Path for Companies to Receive Cooperation Credit

Snell & Wilmer on

In a speech delivered on November 29, 2018, Deputy Attorney General Rod Rosenstein announced changes to the Justice Manual regarding cooperation credit for companies facing criminal and civil investigations.1 These changes...more

Foley & Lardner LLP

DOJ Announces Changes to the Yates Memo Policy on Individual Accountability

Foley & Lardner LLP on

On Thursday, November 29th, the U.S. Department of Justice (DOJ) announced changes to its policy known as the “Yates Memo.” That policy, established in 2015 by then-Deputy Attorney General Sally Yates, had required companies...more

Hogan Lovells

DOJ aims for good, not perfect: Our view of the updated corporate cooperation policy

Hogan Lovells on

Government attorneys now have additional discretion in False Claims Act (FCA) civil cases to award cooperation credit to a corporation that meaningfully assists the government’s investigation without necessarily identifying...more

Kramer Levin Naftalis & Frankel LLP

DOJ Announces More Lenient Corporate Cooperation Policy

In a speech delivered on Thursday, Nov. 29, 2018, Deputy Attorney General Rod Rosenstein described important changes to DOJ policies for awarding cooperation credit in corporate investigations. These changes have been...more

Ballard Spahr LLP

The BSA Civil Penalty Regime: Reckless Conduct Can Produce “Willful” Penalties

Ballard Spahr LLP on

Conduct Performed Without Knowledge Still Can Lead to the Most Serious Penalties - Under the Bank Secrecy Act (“BSA”), the most onerous civil penalties will be applied for “willful” violations....more

The Volkov Law Group

Thinking Like a Prosecutor – Yates and Internal Investigations

The Volkov Law Group on

I respect prosecutors, most of them at least. I had the fortunate opportunity to work with a number of terrific prosecutors. Most are intelligent, hard working and committed to doing the right thing. I recognize that there...more

Carlton Fields

The Chill is Gone: SEC Wants Unfettered Whistleblowers

Carlton Fields on

The SEC continues its efforts to support whistleblowers. The whistleblower program promulgated by the Commission under the Dodd-Frank Act offers rewards to individuals who report securities law violations. As we have...more

Polsinelli

DOJ Reaffirms Commitment to Prosecuting Individuals, Toughens Expectation for Corporate Response

Polsinelli on

The U.S. Department of Justice (DOJ) recently issued a memorandum ("The Yates memo") on September 9, 2015 by Deputy Attorney General Sally Yates, reaffirming the Government's commitment to prosecuting individuals. Say...more

Patterson Belknap Webb & Tyler LLP

The DOJ’s New Policy of Prosecuting Individuals

On September 9, 2015, Deputy Attorney General Sally Yates of the United States Department of Justice (“DOJ” or the “Department”) issued a new policy memorandum (the “Yates Memo”) entitled “Individual Accountability for...more

BakerHostetler

Pointing the Finger The New Price of Corporate Cooperation

BakerHostetler on

On September 9, 2015, Sally Quillian Yates, the Deputy Attorney General, issued a memorandum announcing the Department of Justice’s (DOJ) new guidelines regarding its intensifying focus on individual wrongdoers in the context...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Department of Justice Issues Guidance to Criminal and Civil Prosecutors to Facilitate Individual Prosecutions in Corporate...

On September 9, 2015, the Department of Justice (the Department) publicly announced that it had issued guidance to its criminal and civil prosecutors that purports to change, at least in part, the Department’s approach to...more

Wilson Sonsini Goodrich & Rosati

New Department of Justice Enforcement Policy Focuses on Corporations Providing Evidence Against Individuals

On September 9, 2015, the U.S. Department of Justice (DOJ) issued a memorandum to federal prosecutors instructing them to increase their focus on the prosecution of individuals involved in corporate fraud and financial...more

Carlton Fields

New Department of Justice Memo to Increase Prosecutions of White Collar Executives and Other Employees

Carlton Fields on

New policy changes implemented by the Department of Justice have potentially significant implications for companies and individuals facing DOJ investigations. The new policy may create additional obstacles for companies...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide