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Criminal Prosecution Criminal Penalties

Cooley LLP

CFPB Announces Plan to Review Offenses Carrying Criminal Penalties

Cooley LLP on

On June 27, the Consumer Financial Protection Bureau (CFPB) issued a policy statement, “Guidance on Referrals for Potential Criminal Enforcement,” which outlines its plan to address criminal regulatory offenses within its...more

Cozen O'Connor

7th Circuit Upholds Criminal Convictions Under OSHA

Cozen O'Connor on

A recent case in the 7th Circuit, upholding the criminal convictions of two supervisors based on their falsification of health and safety records, serves as an important reminder that although uncommon, the Occupational...more

Jackson Walker

DOJ Enforcing Criminal Penalties When Employers Fail to Comply

Jackson Walker on

The Department of Justice (DOJ) has issued a memo indicating a significant policy shift to prioritize immigration enforcement and expand the use of criminal statutes to address illegal immigration. The DOJ will support the...more

Fisher Phillips

Top 5 Takeaways for Employers as Attorney General Announces Aggressive Immigration Stance

Fisher Phillips on

The Department of Justice (DOJ) recently announced a significant shift in immigration enforcement policy under Attorney General Pam Bondi’s leadership, prioritizing aggressive prosecution of immigration-related violations –...more

The Volkov Law Group

EU Enacts New Directive Establishing Criminal Offenses for the Violation of Restrictive Measures

The Volkov Law Group on

On April 24, 2024, the European Union (“EU”) officially adopted Directive (EU) 2024/1226 on the definition of criminal offenses and penalties for the violation of Union restrictive measures and amending Directive (EU)...more

Benesch

White Collar Quarterly Report | Q1 2024

Benesch on

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue...more

WilmerHale

Clearing the Air on Criminal Enforcement of Hydrofluorocarbon Importation Laws

WilmerHale on

The Biden Administration’s focus on climate change mitigation is showcased in a prosecution recently announced by the U.S. Attorney’s Office, Southern District of Cali- fornia against Michael Hart, who is accused of smuggling...more

The Volkov Law Group

Gunvor Falls Under FCPA Axe and Agrees to Pay Criminal Penalty of $661 Million (Part I of III)

The Volkov Law Group on

You have to give the Justice Department credit — after two slow enforcement years, DOJ is starting off 2024 with a relative “bang;” first, DOJ reached a large settlement with SAP in January, and now, DOJ has reached a...more

Morgan Lewis

White Collar: Year in Review and a Look Forward, 2023–2024

Morgan Lewis on

The white collar world had an active year, with the last 12 months yielding further incentives from the US Department of Justice (DOJ) to encourage voluntary disclosures as well as key rulings from the US Supreme Court that...more

Rumberger | Kirk

Protecting Your Business From Widespread ERC Scams

Rumberger | Kirk on

Misinformation and widespread scams have created pitfalls for businesses regarding the employee retention credit - The Employee Retention Credit (ERC) has been one of the most discussed tax topics of 2023. Although...more

BakerHostetler

Wage & Hour Criminality: Wage Theft Now Constitutes Larceny In New York

BakerHostetler on

Last week, Governor Kathy Hochul signed legislation amending the New York Penal Law in order to allow prosecutors to seek stronger criminal penalties against employers who steal wages from workers. Specifically, employers who...more

The Volkov Law Group

DOJ Settles Criminal Antitrust Charges with Teva and Glenmark for $305 Million

The Volkov Law Group on

The Antitrust Division has been active – like any aggressive prosecution strategy, however, its results have been mixed.  Its record in criminal cases has taken serious hits – a stunning set of losses in the chicken...more

Orrick, Herrington & Sutcliffe LLP

Disruptive Technology Strike Force: First Prosecutions Demonstrate Difficulties in Charging Individuals with Economic Espionage

When the Departments of Justice and Commerce launched the Disruptive Technology Strike Force, they trained their sights on preventing foreign adversaries from obtaining critical advanced technologies. The Strike Force acted...more

The Rodman Law Group, LLC

Senate Bill 23-290 Has Passed the Colorado Senate and Is Heading to the House of Representatives

Colorado voters approved Proposition 122, or the Natural Medicine Health Act (“NMHA”) in November of 2022. The goal was to make “Natural Medicine” (as defined in the NMHA) available to those who could benefit from is use....more

Oberheiden P.C.

Ten Key Facts about SEC Investigations for CEOs and In-House Counsel

Oberheiden P.C. on

The U.S. Securities and Exchange Commission (SEC) investigates publicly-traded and privately-held companies for a broad range of statutory and regulatory violations. SEC investigations can target issues ranging from...more

BakerHostetler

DOJ's Newly Revised Corporate Enforcement Policy Incentivizes Robust Compliance Programs, Cooperation and Remediation

BakerHostetler on

On Jan. 17, AAG Polite announced “the first significant changes” to the CEP since 2017. The policy revisions will apply to all corporate criminal matters handled by the Criminal Division and offer companies “new, significant,...more

Rodemer Kane Attorneys at Law

The Criminal History Of Marijuana In Colorado

Marijuana has been cultivated throughout the throes of history, whether it be legally or illegally. Most ancient cultures did not grow the plant for its psychoactive properties, but for its medicinal qualities, likely...more

Rodemer Kane Attorneys at Law

Drug-Free Zones In Colorado - How Do They Work?

While marijuana is both medically and recreationally legal in Colorado, there are still areas in the state that are considered to be no drug zones. Marijuana isn’t the only drug in Colorado, however, and drug crimes extend to...more

Wilson Sonsini Goodrich & Rosati

DOJ Announces New Guidance on Corporate Criminal Enforcement

On September 15, 2022, Deputy Attorney General of the Department of Justice (DOJ) Lisa Monaco announced pivotal new guidance about the DOJ’s corporate criminal enforcement efforts. Her speech, accompanied by a more...more

Thomas Fox - Compliance Evangelist

Glencore FCPA Resolution, Part I-Introduction

“The rule of law requires that there not be one rule for the powerful and another for the powerless; one rule for the rich and another for the poor. The Justice Department will continue to bring to bear its resources on...more

Oberheiden P.C.

Prescription and Medication Counterfeiting Defense

Oberheiden P.C. on

21 U.S.C. § 331: Selling Counterfeit Drugs - Under Section 331, it is illegal to sell counterfeit drugs in interstate commerce. Because this includes online sales, the “interstate commerce” element is very easy to...more

Goodwin

2021 Year in Review: FCPA

Goodwin on

A. Basic Overview of Statute - The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (FCPA), makes it unlawful for U.S. persons and entities and others who act within the jurisdiction of the...more

Oberheiden P.C.

The Federal Government Is Cracking Down on Cybercrime

Oberheiden P.C. on

Cybercrime has been on the rise in recent years. In response, the federal government has shown an increased interest in prosecuting cybercrime offenses. The Computer Fraud and Abuse Act, codified at 18 U.S.C. Section 1030, is...more

Freeman Law

The Trademark Counterfeiting Act

Freeman Law on

In the United States, trademarks, service marks, certification marks, and collective marks are protected not only under civil law pursuant to the Lanham Act, but also under criminal law pursuant to the Trademark...more

Fisher Phillips

California Employers Face Criminal Liability for Intentional Unpaid Wages Under Newly Signed Law

Fisher Phillips on

California Governor Newsom signed into law yesterday a bill which makes intentional “wage theft” by employers a form of grand theft and thus a felony in the state of California. AB 1003 obviously ups the ante for employers...more

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