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Criminal Prosecution Strict Liability

Latham & Watkins LLP

Key Insights on President Trump Executive Order Limiting Criminal Enforcement of Regulatory Offenses

Latham & Watkins LLP on

The executive order shifts policy on enforcement of criminal regulatory offenses, steering away from criminal enforcement of strict liability offenses in regulatory matters....more

Womble Bond Dickinson

The Trump Administration Takes Aim at Regulatory Overcriminalization

Womble Bond Dickinson on

On May 9, 2025, President Donald Trump issued an Executive Order entitled “Fighting Overcriminalization in Federal Regulations.” The Order takes aim at what the President calls “regulatory crimes,” with the intended purpose...more

Hogan Lovells

White House Issues Executive Order Limiting Criminal Enforcement of Regulatory Offenses

Hogan Lovells on

On May 9, 2025, the White House issued an Executive Order, “Fighting Overcriminalization in Federal Regulations,” that seeks to place limits on the criminal enforcement of regulatory offenses, particularly those that impose...more

Latham & Watkins LLP

New Civil Monetary Penalty Regime for UK Trade Sanctions

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The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 empower OTSI to enforce UK trade sanctions through civil monetary penalties, building on the role of OFSI, which has enforced UK financial...more

Herbert Smith Freehills Kramer

Trial by Media: The Risks to Defendants of Differing US and UK Approaches

On Jan. 4, 2022, a trial that has gripped white-collar crime lawyers on both sides of the Atlantic – that of Elizabeth Holmes – concluded. Following a 15-week trial, jurors in the state of California returned guilty verdicts...more

Jones Day

Queensland Government Passes Legislation Introducing Industrial Manslaughter Offence Into Resources Industry

Jones Day on

The Situation: Following the deaths of eight miners at Queensland coal mines in the past two years, the Queensland Labor government has been under mounting pressure from the Construction, Forestry, Maritime, Mining and Energy...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds That Traveling Interstate for the Purpose of Engaging in Illegal Sexual Conduct is Not a Strict Liability...

On November 4, 2019, the Second Circuit (Kearse, Wesley, Chin) issued a decision in United States v. Murphy, vacating a defendant’s guilty plea for traveling interstate for the purpose of engaging in illicit sexual conduct...more

Nossaman LLP

Ninth Circuit Dismisses Challenge to Policy regarding ESA Criminal Prosecutions

Nossaman LLP on

In WildEarth Guardians et al. v. U.S. Department of Justice, Case Nos. 17-16677, 17-16678, 17-16679 (Oct. 23, 2018), the U.S. Court of Appeals for the Ninth Circuit dismissed plaintiff-appellees case challenging the U.S....more

WilmerHale

Global Anti-Bribery Year-in-Review: 2015 Developments and Predictions for 2016

WilmerHale on

I. Introduction: Enforcement Trends and Priorities - Among other significant developments, 2015 saw the U.S. Department of Justice (the “DOJ” or the “Department”) document a policy priority of holding individuals...more

Troutman Pepper Locke

Fifth Circuit Holds that Migratory Bird Treaty Act Does Not Apply to Incidental Takes - What It Means for Energy Developers

Troutman Pepper Locke on

On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more

K&L Gates LLP

Adapting to a New Era of Strict Criminal Liability Enforcement under Pennsylvania’s Environmental Laws

K&L Gates LLP on

Attorney General Kathleen Kane’s recent actions concerning the application of strict liability criminal offenses under Pennsylvania’s environmental laws present a new challenge for the oil and gas industry in Pennsylvania....more

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