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
With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus.
Recent...more
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
Building an effective post-pandemic compliance program requires taking stock of, and acting on, US regulators’ shifting approach and priorities.
As detailed in a recent Latham Client Alert, the US Department of Justice...more
Recent regulator statements and actions stress the need to empower compliance programs and officers and hold them accountable.
As companies navigate the post-pandemic environment, legal and compliance teams should take...more
The Strategy provides useful guidance for importers seeking to comply with the provisions of the UFLPA.
The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021, to...more
7/13/2022
/ Compliance ,
Customs and Border Protection ,
Due Diligence ,
Enforcement ,
Enforcement Priorities ,
Entity List ,
Forced Labor ,
Importers ,
Imports ,
New Guidance ,
Rebuttable Presumptions ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Forced Labor Enforcement Task Force issues required enforcement strategy, including guidance to importers.
On June 21, 2022, the key operative provision of the Uyghur Forced Labor Prevention Act (UFLPA) entered into...more
6/22/2022
/ China ,
Customs and Border Protection ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Rebuttable Presumptions ,
Supply Chain ,
Tariff Act of 1930 ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The bill seeks to extend certain provisions of the Foreign Corrupt Practices Act.
The U.S. Congress continues to take interest in implementing legislation to curb alleged human rights abuses in the supply chain in China...more
The UFLPA aims to clamp down on the import of items produced by alleged forced labor in and relating to the XUAR.
On 16 December 2021, the US Senate unanimously passed the Uyghur Forced Labor Prevention Act (UFLPA),...more
12/21/2021
/ China ,
Customs and Border Protection ,
Disclosure Requirements ,
Forced Labor ,
Human Rights ,
Imports ,
Pending Legislation ,
Rebuttable Presumptions ,
Strategic Enforcement Plan ,
Supply Chain ,
Tariff Act of 1930 ,
Uyghur Forced Labor Prevention Act (UFLPA)
The House UFLPA aims to clamp down on the import to the US of items produced by alleged forced labor in the XUAR, while offering less guidance for importers than similar July 2021 Senate bill.
On 8 December 2021, the US...more
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
The Court’s recent rulings on state grand jury and congressional subpoenas identify important limitations on the purpose and scope of these investigative tools.
Key Points:
..In July 2020, the Court held that the...more
7/28/2020
/ Appeals ,
Congressional Committees ,
Congressional Subpoenas ,
Donald Trump ,
Executive Branch ,
Foreign Interference in US Elections ,
Income Taxes ,
Money Laundering ,
Remand ,
SCOTUS ,
Separation of Powers ,
Subpoenas ,
Tax Returns ,
Terrorism Funding ,
Trump v Deutsche Bank AG ,
Trump v Mazars USA LLP ,
Trump v Vance ,
Vacated ,
Valid Legislative Purpose
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
The DOJ’s recently updated guidance poses helpful questions for UK corporates evaluating the effectiveness of their internal compliance programmes.
It is well known that a corporate’s failure to prevent offences can be...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
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
This update analyzes the trends and patterns in the Consumer Financial Protection Bureau’s publicly available enforcement actions.
Leveraging the analysis in our December 2014 White Paper, CFPB Enforcement by the Numbers...more
2/5/2016
/ Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Discriminatory Lending Practices ,
Enforcement Actions ,
FDCPA ,
Military Service Members ,
Misrepresentation ,
Mortgages ,
RESPA ,
Telecommunications ,
Telemarketing Sales Rule ,
Truth in Lending Act (TILA) ,
UDAAP
FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects.
On November 7, 2014, the US Department of Justice (DOJ) issued its second and final...more
A substantive and statistical analysis of the Consumer Financial Protection Bureau’s 62 publicly available enforcement actions to date reveals preliminary trends and patterns.
Established in 2011 in the wake of the...more