In the first artificial intelligence (AI)-washing enforcement cases brought by the SEC and U.S. Department of Justice (DOJ) under the Trump Administration, on April 9, 2025, the SEC and the U.S. Attorney's Office for the...more
7/10/2025
/ Artificial Intelligence ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Statements ,
Fraud ,
Indictments ,
Investors ,
Misleading Statements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
The U.S. Department of Justice (DOJ or Department) announced on May 12, 2025, new investigative and policy priorities, as well as changes to current DOJ guidance, that could have a significant impact on the prosecution of...more
5/15/2025
/ Anti-Money Laundering ,
China ,
Cooperation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Financial Crimes ,
Healthcare Fraud ,
New Guidance ,
Non-Prosecution Agreements ,
Significant Transnational Criminal Organization ,
Voluntary Disclosure ,
Whistleblowers ,
White Collar Crimes
In Hollywood, the sequel (or, even more so, the third installment) is rarely as good as the original movie. In the world of enforcement, the same rings true....more
3/6/2025
/ Artificial Intelligence ,
Consent Order ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Statements ,
Financial Crimes ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Subsidiaries ,
White Collar Crimes
On Feb. 18, 2025, in a case seeking declaratory and injunctive relief against the SEC, the U.S. Department of Justice (DOJ) filed a Notice of Change in Position indicating that the DOJ will no longer defend in litigation "the...more
Whistleblower programs are the gifts that keep giving to enforcement agencies, driving a record number of cases, sanctions and awards across multiple agencies. In this ninth installment of Season's Readings, we revisit some...more
12/20/2024
/ Appointments Clause ,
Article II ,
CFTC ,
Compliance ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Enforcement Statistics ,
False Claims Act (FCA) ,
Federal Pilot Programs ,
FinCEN ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
The number of Foreign Corrupt Practices Act (FCPA)-related actions the SEC and U.S. Department of Justice (DOJ) reported in 2024 reflects that these cases remain a priority for both agencies. However, DOJ took the lead over...more
12/13/2024
/ Anti-Money Laundering ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Authority ,
Enforcement Statistics ,
Federal Pilot Programs ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
2024 saw no change in the government's campaign to encourage self-reporting and cooperation. In the second installment of Season's Readings, we take a quick look at how the SEC treats self-reporting and how that differs...more
Holland & Knight, the Florida Chamber of Commerce, Greater Miami Chamber of Commerce and Miami-Dade Chamber of Commerce hosted the 2023 Florida Enforcement Summit on Oct. 18, 2023. The half-day program focused on current...more
10/31/2023
/ Compliance ,
Cooperation ,
Corporate Misconduct ,
Cyber Attacks ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Enforcement Priorities ,
Ransomware ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
State and Local Government
Continuing its focus on incentivizing prompt and voluntary self-disclosure of criminal misconduct, Deputy Attorney General Lisa Monaco announced earlier this month a new U.S. Department of Justice (DOJ) Safe Harbor Policy...more
10/23/2023
/ Acquisitions ,
Antitrust Division ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Declination ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement ,
Mergers ,
Policy Statement ,
Remediation ,
Safe Harbors ,
Voluntary Disclosure
The SEC continues to focus a portion of its enforcement attention on registrants' obligations with regard to anti-money laundering (AML) compliance and transaction monitoring. In this post, we provide a refresher on the...more
7/6/2022
/ Anti-Money Laundering ,
Broker-Dealer ,
BSA/AML ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Financial Institutions ,
FinCEN ,
Risk Alert ,
Securities Exchange Act ,
Suspicious Activities ,
Suspicious Activity Reports (SARs)
Section 929X of the Dodd-Frank Act requires the SEC to implement a regulatory framework around the public disclosure of short sale information. On Feb. 25, 2022, the SEC unanimously approved proposed rules aimed at satisfying...more
The U.S. Securities and Exchange Commission (SEC) regularly emphasizes the potential benefits companies can obtain through "cooperation" and "remediation." But understanding precisely what will garner meaningful cooperation...more
"Record breaking" is how the U.S. Securities and Exchange Commission (SEC) described its whistleblower program results in FY 2021, and it's not hard to see why. The agency continued to receive tips from all corners of the...more
1/27/2022
/ Anti-Retaliation Provisions ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement ,
Financial Statements ,
Market Manipulation ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Whistleblower Protection Policies ,
Whistleblowers
The U.S. Securities and Exchange Commission's (SEC) Division of Enforcement (Division) published its Annual Report for Fiscal Year 2021 on Nov. 18, 2021. The Annual Report – the first issued under new Enforcement Director...more
12/1/2021
/ Annual Reports ,
Compliance ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
Enforcement Statistics ,
Environmental Social & Governance (ESG) ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
Whistleblower Awards ,
Whistleblowers