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CFTC Enforcement Replaces Previous Cooperation Guidance With New Mitigation Credit Matrix

The Division of Enforcement of the US Commodity Futures Trading Commission (CFTC or Commission) recently issued an advisory revoking prior guidance for its staff in recommending enforcement resolutions (the Advisory) and...more

Newly Confirmed AG Pam Bondi Issues Directive Limiting Scope of FCPA Enforcement

Newly Appointed US Attorney General Pam Bondi issued a directive shifting the focus of Foreign Corrupt Practices Act investigations and cases away from those that do not involve criminal operations of cartels and...more

IRS Issues Second Littlejohn Victim Notices but Questions Remain

The Internal Revenue Service (IRS) issued notification letters earlier this year to victims of a former IRS contractor, Charles Littlejohn, who illegally accessed and stole the tax return information of thousands of companies...more

DOJ Criminal Division Launches Corporate Whistleblower Awards Pilot Program

The US Department of Justice’s (DOJ) Criminal Division on August 1 announced the details of its much-anticipated Corporate Whistleblower Awards Pilot Program. This three-year initiative aims to incentivize individuals to...more

Corporate Guilty Plea Indicates DOJ’s Commitment to Enforcement in Defense Industry

The US Department of Justice’s recent prosecution of Cambridge International Systems Inc. illustrates its ongoing pursuit of corporate criminal enforcement in the defense arena....more

Despite Snyder Ruling, Gratuities Still an Issue for Government Contractors

The US Supreme Court’s June 26 ruling in Snyder v. United States clarified that the primary federal law regulating state and local corruption, 18 USC § 666, does not bar state and local officials from accepting...more

Recently Issued IRS Littlejohn Victim Notices May Present Challenges for Taxpayers

As required by law, the Internal Revenue Service (IRS) has begun issuing notification letters to victims of a former IRS contractor who illegally accessed and stole the tax return information of thousands of companies and...more

DOJ Releases 2023 Fraud Section Year in Review

In recent weeks, the US Department of Justice (DOJ) Criminal Division’s Fraud Section released its annual Year in Review report, summarizing the Fraud Section’s accomplishments in 2023. This detailed account points to a...more

White Collar: Year in Review and a Look Forward, 2023–2024

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

Life Sciences Industry: Key Trends and Developments for Asia-based Investors

With the consequences of the global pandemic still reverberating throughout the Asia-Pacific region, governments and businesses in the area continue to focus on the life sciences industry. From startups to global...more

A Closer Look at DOJ’s New Safe Harbor Policy for Voluntary Self-Disclosure in M&A

With the Department of Justice’s (DOJ’s) recently announced “Safe Harbor Policy” encouraging voluntary self-disclosure in mergers and acquisitions (M&A), this LawFlash discusses key considerations and measures that acquiring...more

DOJ Deputy Attorney General Announces Safe Harbor Policy for Voluntary Self-Disclosure in M&A

Deputy Attorney General Lisa Monaco announced the Department of Justice’s (DOJ’s) new “Safe Harbor Policy” impacting mergers and acquisitions (M&A) on October 4. Through the policy, acquiring companies can avoid DOJ charges...more

US Government Continues to Crack Down on Insider Trading with Four Coordinated Actions

The US Securities and Exchange Commission (SEC) and Department of Justice (DOJ) on June 29, 2023 brought insider trading charges against several defendants in four proceedings. The insider trading cases demonstrate key focus...more

Sovereign Wealth Funds and the FCPA: The Importance of Targeted Due Diligence

Given the global nature of sovereign wealth funds’ (SWFs’) investments and operations, it is essential that SWFs are aware of and in compliance with the Foreign Corrupt Practices Act (FCPA) in order to facilitate business...more

US Attorneys Emphasize Benefits of New Voluntary Self-Disclosure Policy

Assistant Attorney General (AAG) Kenneth A. Polite Jr. of the US Department of Justice’s (DOJ’s) Criminal Division recently joined several high-profile, diverse US Attorneys at the inaugural Charlotte E. Ray Lecture and White...more

Biden Administration Proposes Whole-of-Government Approach to Pandemic Anti-Fraud Enforcement

In response to assertions that the Biden administration has not done enough to pursue pandemic-era fraud, on March 2, 2023, the White House proposed a framework for a “whole-of-government” anti-fraud effort with the US...more

US Department of Justice Releases Fraud Section Year in Review for 2022

The US Department of Justice Criminal Division’s Fraud Section (DOJ) recently released its annual Year in Review report, detailing the Fraud Section’s accomplishments in 2022. Consistent with stated DOJ policy, the Fraud...more

DOJ Criminal Division’s Corporate Enforcement Policy: Is 2023 the Year of the Carrot?

The US Department of Justice (DOJ) continues to try to dispel lingering skepticism over the benefits of corporate disclosure and cooperation. In remarks delivered on January 17, Assistant Attorney General (AAG) Kenneth A....more

Beware Congressional Oversight in FTX/Alameda Investigations

The House of Representatives and the Senate took the first steps in response to the collapse of FTX this week. The Senate Agriculture Committee has announced a hearing at which the chair of the Commodity Futures Trading...more

FTX Collapse Spotlights Digital Asset Risks and Compliance Challenges

Bahamian regulators froze accounts belonging to FTX, one of the world’s largest centralized cryptocurrency exchanges, on November 10. Shortly thereafter, and amid large-scale customer withdrawals, the founder and chief...more

DOJ Deputy Attorney General Announces Changes to Corporate Crime Policy

Deputy Attorney General Lisa Monaco on September 15 announced significant updates to the US Department of Justice’s corporate criminal enforcement policies during a speech at New York University Law School. Monaco’s speech...more

US-China Auditing Oversight Agreement Signals Cooperation Between Nations but Could Lead to Increased Enforcement Risk

Due to a recent agreement between the Public Company Accounting Oversight Board and Chinese securities regulators, many US exchange–listed companies audited by accounting firms based in mainland China and Hong Kong may be...more

Recent US, UK Digital Asset Court Decisions Provide Flexibility for Plaintiffs

In cases involving digital assets, especially those with anonymous, unlocatable, or international parties, service of process can pose an existential challenge. Recent decisions arising out of cryptocurrency-related...more

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