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Business Crimes Bulletin

November 2024
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Features

Compliance and Third-Party Risk Management Image

Compliance and Third-Party Risk Management

Chris Zohlen & Johnathan Prewitt

To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.

Features

The Binding Effect of Plea Agreements In White Collar Crimes Image

The Binding Effect of Plea Agreements In White Collar Crimes

Elkan Abramowitz & Jonathan Sack

Federal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.

Features

SEC Enforcements Highlight Risk of Noncompliance Image

SEC Enforcements Highlight Risk of Noncompliance

John G. Moon & Kenneth M. Silverman

he vast amount of cross-border investment in the U.S. securities market and the SEC's ever-evolving reporting structure compels foreign investor compliance teams and U.S. securities counsel to stay informed of potential reporting responsibilities and keep abreast of developments in the law.

Features

Watch Out, GCs — Regulators Using FCPA to Probe for Bribery Image

Watch Out, GCs — Regulators Using FCPA to Probe for Bribery

Maria Dinzeo

Many countries where American companies do business have an array of business practices and customs that might be frowned upon in this country, but whether they cross the sometimes-blurry lines of legality isn't always clear. The club enforcers wield is the Foreign Corrupt Practices Act.

Features

Unchargeable Conduct Image

Unchargeable Conduct

Saverio S. Romeo & Matthew D. Lee

Until the U.S. Sentencing Commission closes the unchargeable conduct loophole — or until the U.S. Supreme Court intervenes — criminal defense practitioners would be wise to take prophylactic action to protect their clients during plea negotiations. Setting forth the permissible bounds of "relevant conduct" in plea agreements can help avoid 11th-hour surprises for the defense.

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