News & Analysis as of

Criminal Liability White Collar Crimes

Latham & Watkins LLP

Key Takeaways From the SFO’s New Corporate Guidance

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The updated guidance puts a heavy emphasis on self-reporting and clarifies how corporates under investigation can earn cooperation credit from UK prosecutors....more

Zuckerman Spaeder LLP

Examining the United States Sentencing Commission’s Recent Voting History for Insight into its 2025 Term

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At the American Bar Association’s White-Collar Crime Institute’s conference held in Miami, Florida on March 6-7, 2025, two panelists from the panel “Sentencing: Effective Mitigation in White-Collar Cases” differed on whether...more

Fleurinord Law PLLC

Real Housewives Star Peter Thomas’ Payroll Tax Evasion Case: What Every Small Business Owner Must Know

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From Reality TV to Real-Life Tax Fraud: Peter Thomas’ $2.5 Million Scandal - Peter Thomas, best known for his appearances on The Real Housewives of Atlanta, was sentenced on December 19, 2024, to 18 months in federal prison...more

WilmerHale

UK Government Publishes Guidance on New Failure to Prevent Fraud Offence

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On 6 November 2024, the UK Government published the much-anticipated guidance on the new corporate offence of failure to prevent fraud (the “Guidance”). The failure to prevent fraud offence forms part of a huge shift in the...more

Mayer Brown

UK Corporate Criminal Liability: Guidance issued on New Failure to Prevent Fraud Offence

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INTRODUCTION - On 26 October 2023, the UK Economic Crime and Corporate Transparency Act 2023 (the "Act") received royal assent and became law. The Act introduces a new strict liability corporate criminal offence of failure...more

DLA Piper

Company Liability in South Africa: Take Adequate Steps to Prevent Corruption or Face Criminal Prosecution

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An amendment to South Africa’s Prevention and Combating of Corrupt Activities Act (PRECCA) in April 2024 has created a new criminal offense relating to the failure by members of the private sector or state-owned entities...more

DLA Piper

EU-Wide Corporate Criminal Law: Tightening the Reins

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The Council of the European Union recently submitted its proposal in the ongoing legislative process for a new directive to combat corruption in the EU. The new directive will allow the EU to impose worldwide...more

BCLP

Confronting and Mitigating Against Corruption

BCLP on

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

Baker Donelson

Timing is Everything: The Court's Latest Gift to Defendants in Bribery Prosecutions (Snyder v. United States)

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Readers of prior Firm client alerts in the white-collar criminal space will no doubt recall the Supreme Court's recent trend of scaling back the powers of the Department of Justice (DOJ) in prosecuting public corruption...more

Seyfarth Shaw LLP

UK Criminal Liability Alert: Safeguarding Companies Operating in the UK From the Actions of Their Employees

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New criminal laws in the UK will make companies more vulnerable to criminal prosecution for the acts of their employees and agents than ever before. The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) introduces...more

Mayer Brown

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

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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

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

Mayer Brown

US DOJ’s National Security Division Updates Enforcement Policy for Criminal Sanctions and Export Control Violations with New Focus...

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On March 7, 2024, the US Department of Justice’s National Security Division (NSD) released a revised Voluntary Self-Disclosure (VSD) Policy (the “VSD Policy”). The VSD Policy substantially tracks the language of the previous...more

Ballard Spahr LLP

Business Better Podcast Episode: Tax Audits, Investigations, and Global Enforcement - A Conversation with IRS Special Agent...

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In this episode, we are joined by Special Agent Jonathan Schnatz, Senior Analyst with IRS Criminal Investigation. Special Agent Schnatz will discuss his work with an international law enforcement and tax compliance group, and...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 30 - Why They Do It: Inside the Mind of a White Collar Criminal – A Discussion With...

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What drives an individual to commit white-collar crimes? Eugene Soltes, professor of business administration at Harvard Business School and author of Why They Do It: Inside the Mind of a White Collar Criminal, joins host...more

The Volkov Law Group

The Coming Corporate Sanctions Enforcement Storm (Part I of II)

The Volkov Law Group on

There are some things you learn best in calm, and some in storm.  Willa Cather I know I sound like a broken record.  The Justice Department’s white collar criminal enforcement  has been trending down over the last few...more

Troutman Pepper Locke

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

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Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Jones Day

SDNY Launches Whistleblower Pilot Program to Encourage Self-Disclosure of Criminal Conduct

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The recently created SDNY Whistleblower Pilot Program encourages individuals to self-disclose certain criminal conduct and cooperate in resulting investigations and prosecutions. ...more

Holland & Knight LLP

"Call Us Before We Call You": SDNY Announces Pilot Whistleblower Program

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The U.S. Attorney's Office for the Southern District of New York (SDNY) on Jan. 10, 2024, announced a Whistleblower Pilot Program (Program) that it is presenting as another "tool in [the SDNY's] toolkit" that could unearth...more

A&O Shearman

White collar crime enforcement in Germany: trends and developments

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German authorities have intensified and accelerated their enforcement activities in 2023, following a slowdown of both investigations and court proceedings during the pandemic. This had led to a surge of dawn-raids in...more

A&O Shearman

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

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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

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

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

Barnea Jaffa Lande & Co.

Document Subpoena from US Authorities: Critical Steps

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Receiving a document subpoena from the DOJ, the SEC, or any other US regulatory authority is a stressful and unpleasant situation.   Things may seem even more stressful and complicated if you are a foreign national or company...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

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