On February 10, 2025, President Trump signed an Executive Order (E.O.) directing a shift in the enforcement of the Foreign Corrupt Practices Act (FCPA). The order effectively pauses new FCPA investigations and enforcement...more
2/13/2025
/ Anti-Corruption ,
China ,
Compliance ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Trump Administration
Pam Bondi was sworn into office as the United States Attorney General on February 5, 2025, and immediately issued a bevy of memoranda advancing the Trump Administration’s priorities. The memorandum entitled General Policy...more
2/11/2025
/ Attorney General ,
Cartels ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
Financial Crimes ,
Foreign Agents Registration Act (FARA) ,
Foreign Corrupt Practices Act (FCPA) ,
Sentencing ,
White Collar Crimes
On January 17, 2023, Assistant Attorney General (“AAG”) Kevin Polite announced revisions to the Department of Justice’s (“DOJ”) Corporate Enforcement Policy (“CEP”), which will apply to all corporate criminal matters. The...more
On January 1, 2021, Congress passed the National Defense Authorization Act for Fiscal Year 2021, an omnibus bill that includes the Anti-Money Laundering Act of 2020 (“AMLA”). The AMLA bans the use of anonymous shell companies...more
1/18/2021
/ Anti-Money Laundering ,
Anti-Retaliation Provisions ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Due Diligence ,
Enforcement Actions ,
Financial Institutions ,
FinCEN ,
Foreign Banks ,
Limited Liability Company (LLC) ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Shell Corporations ,
Suspicious Activity Reports (SARs) ,
U.S. Treasury ,
Whistleblower Awards
Can the SEC obtain disgorgement in civil enforcement actions? Yes.
What, exactly, is disgorgement? Well, it’s complicated.
In an 8-1 opinion, the Supreme Court held that the SEC can seek and obtain disgorgement in...more
6/26/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Companies that have experienced data breaches or security hacks have subsequently found themselves the subject of enforcement actions by the Federal Trade Commission (“FTC”) for violating the FTC Act, due to inadequate...more