Justice Kavanaugh issued a concurring opinion in Wisconsin Bell, which Justice Thomas joined, to question again whether the False Claims Act qui tam provision violates Article II of the US Constitution....more
The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution.
On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more
Companies that promptly self-disclose and remediate potential violations of administrative or criminal law may significantly mitigate liability.
On July 26, 2023, the US Departments of Justice (DOJ), Commerce, and the...more
8/3/2023
/ Bureau of Industry and Security (BIS) ,
Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Authority ,
Export Controls ,
Exports ,
Joint Policy Statements ,
Joint Statements ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanction Violations ,
Self-Reporting
The first-ever tri-seal Note highlights tactics used to circumvent Russia-related restrictions, while NSD adds 25 prosecutors focusing on sanctions and export controls.
In May 2022, shortly after hostilities in Ukraine...more
3/21/2023
/ Compliance ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Military Conflict ,
Risk Management ,
Russia ,
Sanction Violations ,
U.S. Commerce Department ,
U.S. Treasury ,
Ukraine
The joint Strike Force will focus on shielding advanced US technology from nation-state adversaries and on prosecuting export controls violations.
On February 16, 2023, the US Departments of Justice and Commerce announced...more
Companies that self-disclose, cooperate, and remediate could benefit from significantly reduced fines and possible declinations even in cases with aggravating factors.
In a speech at Georgetown University Law Center on...more
2/7/2023
/ Bribery ,
Chief Compliance Officers ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Corruption ,
Declination ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Remediation ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
Updated DOJ policies will continue to focus on individual accountability and corporate recidivism, while aiming to provide additional incentives for voluntary self-reporting, foster greater transparency on use of monitors,...more
9/28/2022
/ Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Corporate Officers ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
New Guidance ,
Personal Liability ,
Voluntary Disclosure
今回の米国司法省の政策変更において、司法省は個人の責任に一層の重点を置き、また企業の過去の違法行為に対しては包括的な評価を行い、さらに企業との司法解決に対してはより厳格な対応をすることとなる -
2021年10月28日、米国司法省 （United States Department of Justice、以下「DOJ」）...more
11/30/2021
/ Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement ,
Government Investigations ,
Internal Revenue Code (IRC) ,
Japan ,
Multinationals ,
White Collar Crimes
The changes include more focus on individual accountability, more holistic evaluation of prior corporate misconduct, and stricter corporate resolutions.
On October 28, 2021, US Deputy Attorney General Lisa Monaco gave the...more
11/1/2021
/ Attorney General ,
Biden Administration ,
Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Culture ,
Corporate Misconduct ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement ,
Internal Investigations ,
Non-Prosecution Agreements ,
Policy Statement ,
White Collar Crimes
With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more
2/17/2021
/ Administrative Law Judge (ALJ) ,
Antitrust Provisions ,
Biden Administration ,
Broadband ,
CFIUS ,
Climate Change ,
Commodities ,
Congressional Oversight ,
Cybersecurity ,
Data Privacy ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
FCC ,
Health Care Providers ,
Investigations ,
Legislative Agendas ,
Life Sciences ,
Net Neutrality ,
Regulatory Agenda ,
Sanctions ,
Securities Regulation ,
White Collar Crimes
Recent developments include updated DOJ compliance guidance, a continued rise in FCPA proceedings and penalties, and new investigatory approaches in light of the pandemic. 2020 saw many important developments in US white...more
1/20/2021
/ Acquisitions ,
Analytics ,
Anti-Money Laundering ,
CARES Act ,
Compliance ,
Cooperation ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Employee Training ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Guidance Update ,
Mergers ,
White Collar Crimes
Expanded compliance obligations will have far-reaching implications for regulated financial institutions and most companies operating in the US.
On January 1, 2021, Congress overrode President Trump’s veto and enacted the...more
1/6/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Beneficial Owner ,
Congressional Override ,
Corporate Counsel ,
Financial Institutions ,
FinCEN ,
Foreign Banks ,
NDAA ,
Patriot Act ,
Presidential Veto ,
Suspicious Activity Reports (SARs) ,
Whistleblower Protection Policies
The legislation - passed via the first congressional override of the Trump presidency - extends the SEC’s ability to obtain disgorgement for violations of federal securities laws.
Key Points:
..As amended, the...more
1/4/2021
/ Congressional Override ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Liu v Securities and Exchange Commission ,
Look-Back Measurement Period ,
NDAA ,
Presidential Veto ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Statute of Limitations
Questions about the scope of the SEC’s disgorgement authority remain open, including in administrative proceedings.
Key Points:
..Since the April 2017 decision in Kokesh v. SEC, the statutory authority of the Securities...more
6/24/2020
/ 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)
The guidance provides insights for corporations seeking to develop and implement a best-in-class compliance program.
On June 1, 2020, the US Department of Justice (DOJ) issued updated guidance (Updated Guidance) regarding...more
What is CFIUS?
CFIUS stands for the Committee on Foreign Investment in the United States. It is a US federal, interagency group with authority to review certain foreign investments in US businesses to determine whether...more
Kasowitz decision precludes use of the False Claims Act to usurp regulators’ role and collect bounties for never-adjudicated violations.
The United States Court of Appeals for the D.C. Circuit issued a decision in United...more
New enforcement advisory encourages reporting of foreign corrupt practices that the agency intends to pursue under the Commodity Exchange Act.
On March 6, 2019, the Division of Enforcement (Division) of the US Commodity...more
Ruling holds that the government cannot use conspiracy and accomplice liability theories to reach foreign nationals that lack US ties.
Key Points:
..Non-resident foreign nationals who are not otherwise subject to direct...more
Leaked DOJ memo instructs government attorneys to consider dismissing certain False Claims Act qui tam actions.
On January 10, 2018, Michael D. Granston, Director of the Commercial Litigation Branch of the Department of...more
The new tax law limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount.
Settlements under the False Claims Act (FCA), which often...more
The revised FCPA Corporate Enforcement Policy signals DOJ’s emphasis on corporate voluntary self-disclosure, rewarding cooperating companies with a presumption in favor of declination and reductions in penalties.
...more
Key Points:
- DOJ is reviewing and reevaluating numerous corporate enforcement policies, including the “Yates Memo,” the FCPA Pilot Program, and policies on corporate monitors.
- Policies will be codified in official...more
Rigsby places discretion in the hands of district courts as to whether and how to sanction relators who violate the seal requirement in False Claims Act cases.
On December 6, 2016, only a month after oral argument, the...more
The Guidance parallels the DOJ approach under the FCPA, but does not specify the value of mitigation and may create contradictory incentives.
The National Security Division (NSD) of the US Department of Justice (DOJ)...more