News & Analysis as of

Department of Justice (DOJ) 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

Perkins Coie

US Supreme Court’s Esteras Ruling on Factoring “Retribution” Into Supervised Release Decisions Will Likely Have Limited Practical...

Perkins Coie on

The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...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

Fox Rothschild LLP

Employers Face Civil and Criminal Penalties for Immigration Violations

Fox Rothschild LLP on

Immigration enforcement has quickly become a pressing issue for employers in the first few weeks of the Trump administration, and many companies are re-evaluating their policies, reviewing their I-9 compliance and preparing...more

Cozen O'Connor

Avoiding FCA Scrutiny while Reaping the Benefits of AI

Cozen O'Connor on

Companies are racing to harness the power of artificial intelligence. The applications are myriad. Insurers are using AI to replace administrative overhead and assist with claims processing. Software developers are...more

Mintz

The New Private Equity Post-Acquisition Paradigm

Mintz on

With private equity deals under harsh scrutiny from the Department of Justice, it is critical that sponsors follow appropriately structured pre and post-acquisition best practices to avoid enforcement exposure and best...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

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

Mintz

EnforceMintz — COVID-19 Fraud Enforcement Unlikely to Slow Down in 2024

Mintz on

The government continued to dedicate enormous resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs in 2023. While we observed some civil False Claims Act settlements, criminal enforcement...more

Jones Day

FCPA 2023 Year in Review

Jones Day on

Foreign Corrupt Practices Act (“FCPA”) enforcement continues to slowly rebound from pre-pandemic levels. In 2023, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) resolved 13 corporate FCPA...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

Rodemer Kane Attorneys at Law

Federal Prison vs State Prison: Is There a Better Choice?

The prison system in the United States is run by both public institutions and private entities, which are controlled by and operated at the federal or state level. Understanding these distinctions is essential, especially...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Rules Overhaul Cybersecurity Requirements for Government Contractors

The Federal Acquisition Regulation (FAR) Council has proposed two new cybersecurity rules that would impose significant obligations and risks for federal government contractors. The proposed rules impose substantial cyber...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

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

Orrick, Herrington & Sutcliffe LLP

DOJ revises corporate enforcement policy applicable to all criminal matters including FCPA cases

On January 17, Assistant Attorney General Kenneth A. Polite, Jr. delivered remarks at Georgetown University Law Center, during which he announced changes to the DOJ’s Criminal Division Corporate Enforcement and Voluntary...more

Thomas Fox - Compliance Evangelist

Profit Sharing as Bribery: The Honeywell FCPA Enforcement Action: Part 3 – The Comeback

To close out 2022 in Foreign Corrupt Practices Act (FCPA) enforcement actions, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) announced settlements of FCPA enforcement actions with Honeywell UOP,...more

Thomas Fox - Compliance Evangelist

Profit Sharing as Bribery: The Honeywell FCPA Enforcement Action: Part 2 – The King and Bribery Schemes

To close out 2022 in Foreign Corrupt Practices Act (FCPA) enforcement actions, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) announced settlements of FCPA enforcement actions with Honeywell UOP,...more

Thomas Fox - Compliance Evangelist

Profit Sharing as Bribery: The Honeywell FCPA Enforcement Action: Part 1 – Introduction

To close out 2022 in Foreign Corrupt Practices Act (FCPA) enforcement actions, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) both announced settlements of FCPA enforcement actions with Honeywell...more

Bass, Berry & Sims PLC

FCPA Enforcement Update: Two Big Settlements to End the Year 

Bass, Berry & Sims PLC on

In the past several years there has been a significant decrease in Foreign Corrupt Practices Act (FCPA) enforcement efforts. Reports suggest that corporate criminal cases have decreased by roughly 50% since 2012. FCPA...more

Thomas Fox - Compliance Evangelist

ABB FCPA Resolution: Part 1 – Introduction

Late last week, the Department of Justice (DOJ) announced a highly anticipated resolution of Foreign Corruption Practices Act (FCPA) violation involving the Swiss construction giant, ABB Ltd. The most obvious significance is...more

Foley & Lardner LLP

Procurement Collusion Strike Force Acts Broadly and Often in 2022

Foley & Lardner LLP on

In November 2019, the Department of Justice (DOJ) announced the creation of the Procurement Collusion Strike Force (PCSF), an interagency partnership composed of prosecutors from the Antitrust Division and the United States...more

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