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Criminal Liability Corporate Misconduct

WilmerHale

UK Criminal Enforcement Update - Spring 2024

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Recent weeks have seen several notable developments in the UK criminal enforcement landscape...more

Womble Bond Dickinson

Criminal Division of U.S. Department of Justice Announces Pilot Program on Voluntary Self-Disclosure for Individuals

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In the U.S. Department of Justice’s (DOJ) latest policy in furtherance of its “carrots and sticks” approach to corporate criminal enforcement, senior leadership of its Criminal Division announced a new Pilot Program on...more

Epiq

Complying with the U.S. Department of Justice’s New Safe Harbor Guidelines

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On October 4, 2023, U.S. Deputy Attorney General Lisa Monaco announced a Department-wide Safe Harbor Policy for voluntary self-disclosures made in the context of the mergers and acquisition process. Monaco noted ...more

A&O Shearman

Belgian investigations trends and developments in white collar crime

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We continue to see increased investigation and prosecution of corruption, fraud, modern slavery and workplace misconduct, especially in the construction, transportation and financial sectors. Investigations are boosted by...more

WilmerHale

DOJ Announces New Mergers & Acquisitions Safe Harbor Policy

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On October 4, 2023, Deputy Attorney General Lisa Monaco announced a new safe harbor policy that may shield companies from criminal prosecution for misconduct they uncover at companies they are acquiring or have recently...more

A&O Shearman

Reform of the identification doctrine - significant expansion of corporate criminal liability for economic crimes

A&O Shearman on

Last Thursday, the government publicised its intention to use the Economic Crime Bill to significantly expand corporate criminal liability through reform of the ‘identification doctrine’.  This is the English law rule on how...more

Holland & Knight LLP

New DOJ Policy Sets High Standards, Offers Strong Incentives for Misconduct Self-Disclosure

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The U.S. Attorney's Offices (USAOs) Voluntary Self-Disclosure Policy, announced on Feb. 22, 2023, sets forth a nationwide standard for how USAOs will define and credit corporate self-disclosures of misconduct by employees or...more

Cadwalader, Wickersham & Taft LLP

US Attorneys’ Offices Issue New Voluntary Self-Disclosure Policy As Efforts to Incentivize More Self-Reporting Continue

On February 22, 2023, the United States Attorneys’ Offices (USAO) issued a new Voluntary Self-Disclosure (VSD) Policy, which is effective immediately. The policy follows the revisions announced last month to the Department of...more

Health Care Compliance Association (HCCA)

[Webinar] The 7 Elements Made Easy: Translating Compliance Speak for New Professionals - November 16th, 12:00 pm - 1:30 pm CST

Learning objectives: - Define the overarching purpose of Compliance Programs - From a practical perspective in detecting, correcting, and preventing wrongdoing, and; - From the perspective of increasing the chances...more

Polsinelli

DOJ Strengthens Efforts to Combat Corporate Crime with Increased Focus on Individual Culpability and Self-Disclosure

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As a product of the Department of Justice’s newly minted Corporate Crime Advisory Group, the DOJ has issued follow-up guidance to its October 2021 memo on corporate criminal enforcement, which reinstated prior guidance...more

Dechert LLP

Measure Twice, Cut Once: New DOJ Compliance Certifications Put CEOs and CCOs at Risk of Individual Criminal Liability

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Key Takeaways - As DOJ senior leadership signaled it would do since March, DOJ has now officially required as part of resolving a corporate enforcement action, that a Chief Compliance Officer (CCO) and Chief Executive...more

Faegre Drinker Biddle & Reath LLP

Attorney General Garland Reiterates DOJ’s Focus on Disclosure of Individual Accountability at the ABA’s Institute on White Collar...

Speaking at the ABA Institute on White Collar Crime earlier this month, Attorney General Merrick Garland outlined the Department of Justice’s continued emphasis in prosecuting individuals “who commit and profit from corporate...more

Orrick, Herrington & Sutcliffe LLP

DOJ’s Renewed Focus on Individual Accountability in White Collar Criminal Enforcement

In a speech to the ABA’s 2021 annual National Institute on White Collar Crime, Deputy Attorney General (“DAG”) Lisa Monaco emphasized that prosecuting individuals accused of white collar crime is a top priority for the Biden...more

WilmerHale

Bribery Act 2010: Ten Years On

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Ten years have passed since the introduction of the UK’s primary anti-corruption law, the Bribery Act 2010 (“the Act”). This article examines the extent to which the Act has lived up to its billing as the international “gold...more

Oberheiden P.C.

Corporate Intelligence & Investigations

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Today’s modern world enables complex business transactions to occur both within the United States as well as abroad in cross-border activities. Many of these transactions pose significant risks to business operations and the...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The German Corporate Sanctions Act

Germany has proposed legislation, likely to be ratified this Fall, that would mark a major change in how the government there enforces criminal violations in the corporate sector. The Corporate Sanctions Act, or CSA, would,...more

Jones Day

The Future Direction of Corporate Criminal Responsibility in Australia

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On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more

BCLP

Corporate Criminal Liability – some practical proposals from Australia

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The Australian Law Reform Commission (the “ALRC”) has proposed a number of reforms to Australia’s federal corporate criminal liability regime. The entire document bears close examination. In this article, we focus on the...more

A&O Shearman

Australia proposes robust new foreign bribery laws

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On Monday 2 December, the Australian Government introduced into the Senate the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 (Cth) (“Foreign Bribery Bill”). This Bill proposes to fundamentally shift the...more

Jones Day

Changes Ahead for Australia’s Corporate Criminal Liability Regime

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The Situation: At the direction of the Attorney General of Australia, the Australian Law Reform Commission ("ALRC") is undertaking a comprehensive review of Australia's Commonwealth corporate criminal liability regime. The...more

Barnea Jaffa Lande & Co.

Israel's Prosecution Policy for the Criminal Prosecution and Punishment of Corporations

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In October 2019, the Israel State Attorney published a new guideline on its office’s policy when considering the prosecution of a corporation, as well as on how it should determine its position on the manner of punishing...more

Foodman CPAs & Advisors

Did you know that there is FCPA Individual Compliance Responsibility?

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The Foreign Corrupt Practices Act (FCPA) prohibits payment of bribes to foreign officials to assist with obtaining or retaining business.  It also requires companies whose securities are listed in the US to make and keep...more

Hogan Lovells

Show me the money (laundering)! - SEA View, Article III: June 2019

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Our third SEA View article highlights the Corruption Eradication Commission's (KPK) step-up in enforcement against corporate malfeasance and forecasts the longevity of this stance with upcoming leadership changes at...more

Jackson Walker

Opioids, Healthcare Enforcement, and Increased Scrutiny of Corporate Conduct for Criminal Prosecution

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The national opioid epidemic is almost unprecedented in every conceivable way—its catastrophic death toll, its broad effect on a wide swath of this country’s population, its rapid escalation (which is alleged to have been...more

WilmerHale

Did Tesco Act Too Hastily in Entering Into DPA Negotiations? (Serious Fraud Office v Tesco Stores Ltd)

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What is the background to this DPA and why is it only now being published? On 29 October 2014, the SFO opened an investigation into Tesco Stores Ltd in relation to a suspected offence of false accounting, contrary to...more

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