News & Analysis as of

White Collar Crimes Corporate Misconduct Criminal Liability

DLA Piper

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

DLA Piper on

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

DLA Piper on

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

A&O Shearman

Belgian investigations trends and developments in white collar crime

A&O Shearman on

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

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

Holland & Knight LLP on

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

Polsinelli

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

Polsinelli on

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

Dechert LLP on

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

Jones Day

The Future Direction of Corporate Criminal Responsibility in Australia

Jones Day on

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

BCLP on

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

Jones Day

Changes Ahead for Australia’s Corporate Criminal Liability Regime

Jones Day on

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

Foodman CPAs & Advisors

Did you know that there is FCPA Individual Compliance Responsibility?

Foodman CPAs & Advisors on

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

Hogan Lovells on

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

Jackson Walker on

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

Akin Gump Strauss Hauer & Feld LLP

Yates Memo Revisions Encourage Cooperation, but Fail Fully to Achieve a Common-Sense Approach to Civil Enforcement

• Recent Justice Manual changes roll back Yates memo requirements for corporations seeking cooperation credit in enforcement actions, including civil enforcement actions. • Corporations can now receive maximum cooperation...more

Blank Rome LLP

DOJ Revises Yates Memo and Relaxes Approach to Corporate Cooperation Credit

Blank Rome LLP on

The Department of Justice (“DOJ”) announced that it is stepping back from its hard-line approach to corporate cooperation credit in which a corporation was not eligible for credit unless it disclosed all relevant facts about...more

McGuireWoods LLP

Yates Memo Revised – DOJ Steps Back From All-or-Nothing Approach to Corporate Cooperation Credit

McGuireWoods LLP on

The Justice Department’s revisions to the so-called “Yates Memo” continues a series of significant white collar enforcement policy changes. We hope this summary is helpful to businesses and their leaders in adjusting to these...more

Alston & Bird

No More “All or Nothing” – DOJ Softens the Yates Memo

Alston & Bird on

After three years of working with the Yates Memo, the Department of Justice has memorialized the more practical applications federal prosecutors have been using on the ground. Our White Collar, Government & Internal...more

Holland & Knight LLP

“Yates Memo” Edited to Grant Prosecutors More Flexibility in Civil Cases

Holland & Knight LLP on

On Sept. 9, 2015, then-Deputy Attorney General Sally Yates issued a memo requiring federal prosecutors to investigate any individuals responsible for illegal corporate conduct before settling a case. This applied to both...more

22 Results
 / 
View per page
Page: of 1

"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