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OFAC Action Against BitPay, Inc. Demonstrates Focus on Digital Currency Industry and Effective Sanctions Screening

Key Takeaways - Because digital currencies allow for high-value transactions outside of the traditional U.S. banking system, OFAC has rigorously investigated whether digital currency service businesses may be facilitating...more

Congress Enacts Significant Changes to the U.S. Anti-Money Laundering Regime

The Anti-Money Laundering Act of 2020 (AML Act), enacted on January 1, 2021 as part of the National Defense Authorization Act for Fiscal Year of 2021 (NDAA), makes several significant changes to U.S. anti-money laundering...more

DOJ Cyber-Digital Task Force Issues Report on Cryptocurrency Enforcement Framework

The Attorney General’s Cyber-Digital Task Force (Task Force) issued a report on October 8, 2020, which outlines the Task Force’s proposed Cryptocurrency Enforcement Framework (Framework). The comprehensive Framework—which...more

DOJ and SEC Release Second Edition of FCPA Resource Guide: Key Updates and Takeaways

...On July 3, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) published the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act. A link to the Second Edition is...more

Biotech Beware: Increased SEC Focus on COVID-Related Activities and Claims Amplifies the Enforcement Risks for the Unaware or...

Key Takeaways - As stocks surge in reaction to news about COVID-19-related products and solutions, the SEC is actively working to protect investors from misleading statements, fraud, and even investment scams relating to the...more

Government Stimulus Spending Likely to Lead to False Claims Act Investigations and Enforcement Actions

Through the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the federal government has passed an emergency stimulus package that will result in an unprecedented US$2 trillion infusion into the private and...more

COVID-19 Coronavirus Business Impact: Special Inspector General for Pandemic Recovery Likely to Pursue Investigations Aggressively

On Friday, March 27, President Donald J. Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Along with substantial economic relief, the CARES Act establishes a new Office of the...more

District Court Dismisses Civil RICO Case with Prejudice

The Rajaratnam decision provides yet another stark example of the numerous barriers plaintiffs must overcome in pursuit of RICO’s promise of treble damages, along with the potent arguments defense counsel have at their...more

RICO’s Demanding Elements Prove Too Much Yet Again: RICO Claim Dismissed for Failing to Allege a “Pattern” of Racketeering...

A recent decision by the U.S. Court of Appeals for the Second Circuit demonstrates that courts will carefully scrutinize whether civil RICO plaintiffs have satisfied the statute’s complex (and stringent) pleading...more

Broad View of FCPA Affirmed by Second Circuit

A recent decision by the United States Court of Appeals for the Second Circuit resolved several issues under the Foreign Corrupt Practices Act (“FCPA”) in a manner favorable to prosecutors. In United States v. Ng Lap...more

Anti-Corruption Alert: DOJ Updates Guidance Regarding Evaluation of Corporate Compliance Programs

On April 30, 2019, the U.S. Department of Justice (“DOJ”) updated its guidance on evaluating corporate compliance programs (the “Update”). The original guidance, titled “Evaluation of Corporate Compliance Programs,” (the “DOJ...more

CFTC Issues Enforcement Guidance to Encourage Self Reporting of FCPA Violations

On March 6, 2019, the Commodity Futures Trading Commission (“CFTC”) published an Enforcement Advisory describing the circumstances in which companies that self-report violations of the Foreign Corrupt Practices Act (“FCPA”)...more

Federal Court Reconsiders SEC Application for Preliminary Injunction, Enjoins Blockvest IPO

In SEC v. Blockvest, Judge Gonzalo Curiel of the U.S. District Court for the Southern District of California enjoined Blockvest, LLC (“Blockvest”) from proceeding with a planned initial coin offering (ICO) of its “BLV” token....more

Second Circuit Limits FCPA’s Extraterritorial Reach Over Non-U.S. Persons in Conspiracy and Aiding and Abetting Cases

The United States Court of Appeals for the Second Circuit dealt a blow to the U.S. government’s extraterritorial enforcement power on Friday, August 24, 2018, in prosecuting alleged violations of the Foreign Corrupt Practices...more

US Blockchain Enforcement and Litigation Update: Government enforcement and private litigation drive important developments in...

With soaring cryptocurrency prices attracting significant new investment in late 2017, U.S. regulators sought to fill the statutory void by exercising jurisdiction over a variety of digital assets. That trend continued in the...more

Federal Court Ruling Recognizes CFTC Jurisdiction over Cryptocurrencies as Commodities

The U.S. Commodity Futures Trading Commission (CFTC) scored a victory in its effort to assert jurisdiction over portions of the cryptocurrency and initial coin offering (ICO) markets last week, as a federal district judge...more

Federal Court Finds “Oral Downloads” to SEC Waived Attorney Work Product Protection

U.S. Magistrate Judge Jonathan Goodman, in the Southern District of Florida, ruled last month that outside counsel’s “oral downloads” of internal investigation findings to the Staff of the Securities and Exchange Commission...more

UPDATE: Continued Regulatory Focus on US Political Contributions

Recent actions by financial industry regulators, including the Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority, Inc. (“FINRA”), and the Municipal Securities Rulemaking Board (“MSRB”),...more

District Court Upholds Indictment of Turkish/Iranian Billionaire Charged with Evading US Economic Sanctions against Iran

U.S. District Court Judge Richard M. Berman denied a motion to dismiss the indictment in the closely followed criminal prosecution of Reza Zarrab, a Turkish/Iranian businessman charged with conspiring to evade U.S. economic...more

New US Department of Justice Foreign Corrupt Practices Act Enforcement Plan Creates "Pilot Program" to Encourage Voluntary...

The U.S. Department of Justice (“DOJ”) released a memorandum (the “FCPA Enforcement Memorandum”) on April 5, 2016 detailing a new enforcement plan for Foreign Corrupt Practices Act (“FCPA”) investigations. The DOJ announced...more

Pay-to-Play: FINRA Requests SEC Approval of Proposal to Regulate Political Contributions

The Securities and Exchange Commission (“SEC”) recently published for comments rules proposed by the Financial Industry Regulatory Authority, Inc. (“FINRA”) and the Municipal Securities Rulemaking Board (“MSRB”) to regulate...more

FinCEN Proposes Anti-Money Laundering Regulation for Investment Advisers

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking on August 25, 2015,1 pertaining to all investment advisers registered or required to be registered...more

Proposed Anti-Money Laundering Regulation for Investment Advisers Passes First Hurdle, Gets OMB Approval

There has recently been speculation about a new U.S. rule that would potentially subject investment advisers to the same types of anti-money laundering (“AML”) regulations that govern banks. Now, the speculation is over....more

DOJ Hires Corporate Compliance Program Expert

In a somewhat surprising development, press outlets reported last week that the U.S. Department of Justice (“DOJ”) has hired a corporate compliance program expert who will work alongside federal prosecutors evaluating whether...more

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