DOJ has introduced the new three-year Pilot Program, managed by the Criminal Division’s Money Laundering and Asset Recovery Section, effective August 1. Under this Pilot Program, whistleblowers meeting certain criteria may be...more
8/9/2024
/ CFTC ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
FinCEN ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange...more
Building on the recent passage of the Foreign Extortion Prevention Act (FEPA), at the American Bar Association’s 2024 National Institute on White Collar Crime conference in San Francisco earlier this month (2024 ABA...more
3/19/2024
/ American Bar Association (ABA) ,
Anti-Corruption ,
Bribery ,
Cooperation ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Fraud ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Deputy U.S. Attorney General Lisa Monaco recently sparked debate by stating, “Like a firearm, AI can enhance the danger of a crime.” And just as prosecutors can seek enhanced sentences for offenses involving firearms, the...more
The newly announced whistleblower policy gives certain individuals who promptly and completely cooperate with prosecutors the opportunity to receive a non-prosecution agreement in exchange for their information....more
Adding to federal prosecutors’ tool kit in fighting global corruption, on December 14, 2023, Congress passed with bipartisan support, the Foreign Extortion Prevention Act (FEPA). As part of the National Defense Authorization...more
1/5/2024
/ Amended Legislation ,
Biden Administration ,
Bribery ,
Compliance ,
Corruption ,
Criminal Liability ,
Department of Justice (DOJ) ,
Extortion ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Jurisdiction ,
National Security ,
NDAA ,
Public Officials ,
Transparency
In connection with the Biden Administration’s ongoing crackdown on corruption, tax havens, and illicit financing, on December 11, Treasury released a Fact Sheet on its “efforts to address the illicit finance and national...more
For years, the SEC has focused on broker-dealers complying with all applicable AML and financial sanctions laws and regulations, including the BSA and its implementing regulations. For example, in 2021, the Division issued a...more
The settlements announced by the SEC and CFTC on Monday are a continuation of the regulators’ focus on off-channel communications by employees of registered entities....more
8/11/2023
/ Books & Records ,
Bring Your Own Device (BYOD) ,
Broker-Dealer ,
CFTC ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
Data Preservation ,
Data Retention ,
Electronic Communications ,
Enforcement Actions ,
Financial Services Industry ,
Hedge Funds ,
Mobile Apps ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Settlement ,
Swap Dealers
Monaco’s and Polite’s remarks, and the DOJ’s new policies and guidance, come amid the Department’s increasingly tough on corporate crime approach and emphasis on rewarding companies that have effective compliance programs...more
3/7/2023
/ Chief Compliance Officers ,
Compliance ,
Compliance Monitoring ,
Cooperation ,
Corporate Crimes ,
Corporate Culture ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Electronic Communications ,
Enforcement Priorities ,
Executive Compensation ,
Monaco Memo ,
Self-Disclosure Requirements
Last week, the Department of Justice (DOJ or the Department) announced the immediate implementation of a new Voluntary Self-Disclosure Policy (the Policy), setting a nationwide standard for how U.S Attorneys’ Offices will...more
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
1/30/2023
/ Amended Regulation ,
Anti-Corruption ,
Chief Compliance Officers ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Corruption ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
FCPA Corporate Enforcement Policy (CEP) ,
Remediation ,
Self-Reporting ,
White Collar Crimes
As discussed more fully in our alert when Blaszczak I was issued, the crux of this case was that four individuals were charged with and convicted of an alleged scheme to obtain nonpublic information from the Centers for...more
1/27/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Dirks v SEC ,
Insider Trading ,
Kelly v United States ,
Legal History ,
Material Nonpublic Information ,
Medical Reimbursement ,
Personal Benefit ,
Property Ownership ,
Remand ,
Tippers ,
Vacated
In prepared remarks delivered on Dec. 1, Acting Principal Deputy Assistant Attorney General Nicole Argentieri indicated that the Department is considering new guidance for its revised corporate criminal enforcement policy,...more
On September 29, 2022, FinCEN issued a final rule requiring most corporations, limited liability companies and other entities created in or registered to do business in the United States to report information regarding their...more
10/7/2022
/ Anti-Money Laundering ,
Beneficial Owner ,
Board of Directors ,
Compliance ,
Corporate Officers ,
Corporate Transparency Act ,
Domestic Corporations ,
Final Rules ,
Financial Regulatory Agencies ,
FinCEN ,
Foreign Corporations ,
Reporting Requirements ,
U.S. Treasury
In prepared remarks delivered at New York University School of Law on Sept. 15, Deputy AG Monaco announced significant updates to the DOJ’s corporate criminal enforcement policies.
Deputy AG Monaco’s announcement...more
9/21/2022
/ Compliance ,
Compliance Monitoring ,
Corporate Crimes ,
Corporate Culture ,
Corporate Misconduct ,
Corporate Monitoring ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Personal Liability ,
Voluntary Disclosure ,
White Collar Crimes
On March 3, 2022, Attorney General Merrick B. Garland delivered a speech at the ABA Institute on White Collar Crime that underscored the Department of Justice’s (DOJ) commitment to prosecuting corporate crime and holding...more
The Biden-Harris Administration is making the fight against global corruption a key policy objective. Through its new United States Strategy on Countering Corruption, released on December 6, 2021, the Biden-Harris...more
The new Chairman of the Securities and Exchange Commission (“SEC”), Gary Gensler has wasted little time in revisiting some of the policies enacted under his predecessor. On August 2, 2021, Chairman Gensler issued a public...more
On January 1, 2021, Congress overrode President Trump’s veto of the National Defense Authorization Act for Fiscal Year 2021, an omnibus bill that includes the Anti-Money Laundering Act of 2020 (the “AMLA”). The AMLA...more
The COVID-19 pandemic has caused extreme market turmoil. While it appears that the initial shock is subsiding, there is the possibility that market volatility will continue if there is another surge in COVID-19 cases and as...more
In March 2020, the U.S. government took extreme measures to crack down on the spread of COVID-19, including largely shutting down international air travel. However, no quarantine, lockdown, or social distancing measure...more
On June 17, 2019, in Gamble v. United States, the U.S. Supreme Court held that the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit a successive federal prosecution of an individual for...more
Join BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team for a complimentary webinar on trends and predictions for 2019 in the cross-border government investigations and enforcement...more
4/25/2019
/ CFTC ,
Compliance ,
Continuing Legal Education ,
Criminal Investigations ,
Cross-Border ,
Defense Strategies ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Authority ,
Foreign Nationals ,
Government Investigations ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Strategic Enforcement Plan ,
Webinars ,
White Collar Crimes
BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is pleased to release its 2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review, a resource for...more
4/3/2019
/ Blockchain ,
CFTC ,
Corruption ,
Cross-Border ,
Cryptocurrency ,
Cyber Crimes ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Money Laundering ,
Popular ,
Securities Fraud ,
Trade Secrets ,
Whistleblowers