News & Analysis as of

Corporate Governance Corporate Crimes White Collar Crimes

Bradley Arant Boult Cummings LLP

Whistleblower Language in Separation Agreements Results in Large Settlements with SEC

On September 9, 2024, the Securities and Exchange Commission (SEC) announced settlements with seven public companies relating to their use of separation agreements that the SEC says violate whistleblower protection rules by...more

Skadden, Arps, Slate, Meagher & Flom LLP

New ‘Failure To Prevent Fraud’ Offence Expected To Come Into Force in the UK Shortly

The UK government introduced a major overhaul of its framework for addressing financial crime — and brought into force numerous significant changes — when the Economic Crime and Corporate Transparency Act 2023 (the Act)...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Holds That a Lie Must Go to the Nature of the Bargain to Support Fraud Conviction

A recent Ninth Circuit opinion instills the importance of raising an often overlooked defense in federal fraud cases: that the defendant’s misrepresentation did not affect the “nature of the bargain.” In United States v....more

Mayer Brown

UK corporate criminal liability: changes so far and changes coming – have you prepared?

Mayer Brown on

On 26 October 2023, the Economic Crime and Corporate Transparency Act 2023 (the "Act" or "EECTA")  received royal assent and became law. The Act introduced a number of changes, some of which came into effect immediately and...more

Bradley Arant Boult Cummings LLP

The Power of the Sentencing Disparity Argument and Using the Judicial Sentencing Information Platform to Make One

At last week’s sentencing of Binance CEO Changpeng Zhao, the government recommended a 36-month prison sentence. Despite the serious nature of Zhao’s crimes – failing to maintain an effective anti-money laundering program,...more

Perkins Coie

DOJ Pilot Program Changes the Calculus on Corporate Self-Disclosure

Perkins Coie on

The Criminal Division of the U.S. Department of Justice (DOJ) announced a Pilot Program on Voluntary Self-Disclosures for Individuals (Pilot Program) on April 15, 2024. Under the new policy, individuals who were involved in...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Pilot Program Promises Non-Prosecution Agreements to Individuals Reporting Fraud, Bribery and Other Corporate Crimes

On April 15, 2024, the Department of Justice’s (DOJ’s) Criminal Division unveiled a new Pilot Program on Voluntary Self-Disclosures for Individuals that offers non-prosecution agreements (NPAs) to individuals who voluntarily...more

Nelson Mullins Riley & Scarborough LLP

Bringing Moths to the Flame: DOJ Promises Non-Prosecution to Execs for Tips to Combat Corporate Crime

Recently, the Department of Justice (DOJ) Criminal Division launched a pilot program promising “mandatory NPAs to incentivize individuals (and their counsel) to provide original and actionable information.” This most recent...more

Bradley Arant Boult Cummings LLP

DOJ Takes the Next Step in Its Effort to Increase Voluntary Self-Disclosures By Incentivizing Those Complicit in Wrongdoing

On April 15, the U.S. Department of Justice released The Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals (the “Pilot”) designed to encourage individuals to report certain types of criminal...more

Bradley Arant Boult Cummings LLP

“Take Me to the Pilot” – DOJ Announces Plan to Entice Self-Disclosures of Government Contract Fraud

On April 15, the U.S. Department of Justice released The Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals (the Pilot) designed to encourage individuals to report certain types of criminal...more

WilmerHale

Will Companies House powers clean up the register?

WilmerHale on

Companies House has been granted new powers to crack down on fraud, but whether it has the resources to take advantage of these and properly clean up the register of companies is questionable. Originally published by...more

ArentFox Schiff

DOJ Continues Focus on Corporate Crime with New Whistleblower Program

ArentFox Schiff on

On March 7, at the annual American Bar Association (ABA) National Institute on White Collar Crime, US Deputy Attorney General (DAG) Lisa Monaco announced a new whistleblower program that will provide financial rewards to...more

A&O Shearman

ECCTA Moves Forward With Second Set Of Reforms

A&O Shearman on

On 4 March 2024, the second set of reforms to UK company law brought about by the Economic Crime and Corporate Transparency Act 2023 ("ECCTA") came into force. These introduce a major expansion of the powers of the Registrar...more

Skadden, Arps, Slate, Meagher & Flom LLP

Economic Crime and Corporate Transparency Act 2023 – Key Developments

On 26 October 2023, the Economic Crime and Corporate Transparency Act 2023 (the Act) became law in the UK. The Act represents a major overhaul of the UK government’s framework for tackling financial crime and has brought into...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fifth Circuit Reverses CFTC Penalty Judgment Under ‘Fair Notice’ Doctrine

On January 8, 2024, in a decision that underscores the potential viability of fair-notice defenses to U.S. regulators’ rule interpretations, the U.S. Court of Appeals for the Fifth Circuit reversed a $6.5 million penalty...more

A&O Shearman

How ESG, deferred prosecution and tax enforcement shape the French corporate crime landscape

A&O Shearman on

Environmental, Social and Governance (ESG) litigation continues to be a hot topic, before both the French commercial and criminal courts. The number of French-style deferred prosecution agreements (Convention Judiciaire...more

A&O Shearman

Regulators and reforms: how Australia tackled white collar crime in 2023 and what to expect in 2024

A&O Shearman on

Regulators and enforcement authorities in Australia intensified their efforts to curb white-collar crime in 2023. They targeted fraud, money laundering, tax evasion, cybercrime, and corruption across multiple industries,...more

A&O Shearman

China's enforcement trends and developments: a review of data, bribery, and corporate crime issues

A&O Shearman on

Commercial bribery enforcement also became more active, as the authorities marked the 30th anniversary of the PRC Anti-Unfair Competition Law. The revision of the PRC Anti-Espionage Law raised some concerns about national...more

Katten Muchin Rosenman LLP

Fraud, Reform and the Registrar: Economic Crime and Corporate Transparency Act 2023

A year and a half after the Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent, the Economic Crime and Corporate Transparency Act 2023 (Act) came into law on 26 October 2023. Although the Act does...more

White & Case LLP

Thoughts on the new Economic Crime and Corporate Transparency Act - A New Era for Corporate Criminal Liability in the UK

White & Case LLP on

The long-awaited Economic Crime and Corporate Transparency Act received Royal Assent on 26 October. This represents a significant turning point for the law on corporate criminal liability in the UK, and has been welcomed by...more

Jones Day

The Economic Crime and Corporate Transparency Act: A New Era for Corporate Prosecutions?

Jones Day on

The Situation: After a year of debate, the Economic Crime and Corporate Transparency Act (the "Act") was passed into law on 26 October 2023....more

Alston & Bird

“Failure to Prevent” and More: The UK Economic Crime and Corporate Transparency Act 2023 Is Here

Alston & Bird on

Our White Collar, Government & Internal Investigations Team highlights key elements of the UK’s Economic Crime and Corporate Transparency Act....more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence published - Update

A&O Shearman on

The Economic Crime and Corporate Transparency Act 2023 was granted Royal Assent on 26 October 2023. It contains a new ‘failure to prevent fraud’ corporate criminal offence which will render large companies liable for fraud...more

Morrison & Foerster LLP

U.S. Attorney for the Central District of California Announces a New Corporate and Securities Fraud Strike Force to Ramp up...

Morrison & Foerster LLP on

On October 4, 2023, Martin Estrada, U.S. Attorney for the Central District of California (CDCA), announced the formation of a Corporate and Securities Fraud Strike Force (the “Strike Force”), a new CDCA section designed to...more

A&O Shearman

New UK 'failure to prevent' fraud corporate criminal offence

A&O Shearman on

A draft ‘failure to prevent fraud’ corporate criminal offence will render large companies liable for fraud committed by their associates. We consider the draft offence and implications for businesses....more

39 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide