As Donald J. Trump prepares to begin his second presidential administration on January 20, 2025, many Department of Justice (“DOJ”) priorities and policies are likely to change. One new Biden administration initiative that is...more
1/13/2025
/ Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
As we approach Inauguration Day on January 20, 2025, one question among anticorruption practitioners is how the Trump administration will handle enforcement of the Foreign Corrupt Practices Act (“FCPA”). In the meantime, we...more
12/23/2024
/ Anti-Corruption ,
Bribery ,
Corporate Crimes ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Popular ,
Securities and Exchange Commission (SEC) ,
Trump Administration
For more than a decade, the U.S. Securities and Exchange Commission (the “SEC”) has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. On June 27, 2024, the U.S....more
7/1/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Seventh Amendment
Enforcement of corporate crimes, which languished for two years during the COVID-19 pandemic, will grow more vigorous this year and may be accompanied by significantly tougher penalties, partners with Vinson & Elkins’ (“V&E”)...more
5/27/2022
/ Anti-Corruption ,
Bribery ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Crimes ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Ransomware ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
White Collar Crimes
A review of President Biden’s proposed Budget (“Budget”) for 2023 spotlights the enforcement priorities of the president’s Justice Department as the administration enters its third year. ...more
4/21/2022
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crime Victims ,
Cybersecurity ,
Department of Justice (DOJ) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Federal Budget ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Joe Biden ,
Popular ,
Procurement Collusion Strike Force ,
Securities and Exchange Commission (SEC) ,
The Clayton Act
In a dramatic departure from prior practice, the U.S. Department of Justice (“DOJ”) recently released its first Opinion Procedure Release (“OPR”) in over eight years, and perhaps responding to criticism from the business...more
While everyone expects the Department of Justice (“DOJ”), Securities and Exchange Commission (“SEC”) and other well-known enforcement agencies to increase enforcement under the Biden administration, few people are talking...more
On December 16, 2020, the SEC passed a new rule which will require publicly traded companies operating in the oil and gas industries to disclose payments that they make to foreign governments. The SEC voted to adopt rules...more
During a roundtable at the Fifth International Debarment Colloquium last month, Joseph Mauro, a spokesperson for the Compliance Unit of the World Bank Group’s (“World Bank”) Integrity Vice Presidency (“INT”), announced recent...more
On October 22, 2020, the Securities and Exchange Commission (the “SEC” or “Commission”) announced a $114 million whistleblower award—by far the largest amount ever awarded and more than doubling the previous record of nearly...more
On October 8, 2020, the Attorney General’s Cyber-Digital Task Force (“the Task Force”) issued its Cryptocurrency Enforcement Framework (the “Report”), which offers background on virtual assets, enforcement milestones, and...more
10/22/2020
/ AML/CFT ,
CFTC ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Currency ,
FATF ,
Federal Reserve ,
IRS ,
Money Laundering ,
OCC ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
On Friday, July 17, 2020, Special Inspector General for Pandemic Recovery (SIGPR) Brian D. Miller and U.S. Attorney for the Eastern District of Virginia (EDVA) G. Zachary Terwilliger announced a formal partnership to pursue...more
On June 25, 2020, Novartis AG, a Swiss multinational pharmaceutical company, and two subsidiaries reached a combined $345 million resolution with the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange...more
7/16/2020
/ Bribery ,
Cease and Desist Orders ,
Corporate Counsel ,
Department of Justice (DOJ) ,
DPA ,
Foreign Corrupt Practices Act (FCPA) ,
Health Care Providers ,
Novartis ,
Pharmaceutical Industry ,
Popular ,
Securities and Exchange Commission (SEC) ,
Vietnam
On July 3, 2020, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) published the Second Edition of “FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act” (the “Guide”)....more
In early June, federal agencies brought some of the first enforcement actions against COVID-19 securities fraudsters, involving over $100 million in fraudulent claims and profits, making good on their promise to investigate...more
Scrutiny into Paycheck Protection Program Loans Intensifies — Attracts SEC Attention-
Public companies applying for Paycheck Protection Program (“PPP”) loan funds have been under increasing political and media scrutiny....more
The COVID-19 pandemic has caused enormous pain and financial harm and it will take months, or even years, before we know its full impact. As of the time that this article is published, there will be over 1.4 million known...more
Weighing the propriety of one of the Securities and Exchange Commission’s (“SEC”) most critical law enforcement tools, last week the U.S. Supreme Court entertained arguments that the SEC should not be able to disgorge profits...more