In the Courts
May 30, 2006
Recent rulings of interest to you and your practice.
Criminal Enforcement of FBAR Filing Requirements
May 30, 2006
With this year's June 30 deadline for the Foreign Bank Account Reports (FBAR) fast approaching, it's worth considering the federal government's increased attention to the FBAR rules. Though criminal and civil enforcement relating to persons failing to comply with FBAR reporting requirements has been rare, the IRS (now the agency principally responsible for FBAR compliance) appears to be gearing up to investigate and prosecute willful violators. This new emphasis, together with the IRS's ever-expanding ability to obtain once secret information from foreign jurisdictions, suggests that we will be seeing more investigations and prosecutions in this area.
New Rules for Electronic Records?
May 30, 2006
A recent decision by a Ninth Circuit Bankruptcy Appellate Panel rejected the prevailing standard for authenticating electronically stored records and imposed stringent requirements that may help defend against computerized evidence in a broad range of cases, including white-collar prosecutions. In re: Vinhnee, 2005 WL 3609376 (B.A.P. 9th Cir. Dec. 16, 2005). Although decisions of the Panel, which consists of three bankruptcy judges, are binding precedent only for bankruptcy courts in the Ninth Circuit, Vinhnee's persuasive analysis has the potential to change the use of electronic evidence in other courts.
What Do You Want to Read?
May 30, 2006
We want to know how we can make this newsletter an even better resource for your professional needs. Are we covering all you want to see? Are there sections you would like to see enhanced or replaced?<br>Your views and opinions are essential in our effort to continue to provide you with the top notch News, Strategy and Analysis you have come to expect from Law Journal Newsletters.<br>Help us help you! Please click <a href="http://www.surveymonkey.com/s.asp?u=604771980045">here</a> to complete a short survey or type the following URL into your browser: http://www.surveymonkey.com/s.asp?u=604771980045.<br>Your answers will assist us in making this an even better newsletter for you! Thank you.<br>Regards,<br>Colin Graf<br>LJN Marketing Director
Keep Internet Disclosures From Costing Your Company
April 28, 2006
With securities claims involving improper Internet disclosures on the rise, a company would be wise to institute a review process, carried out by a qualified person (general counsel or compliance officer), to assure that its Internet disclosures are accurate, complete, and appropriate. Following are some questions that should be asked as part of an Internet review, along with suggestions for 'common sense' measures for reducing a company's exposure and keeping pace with Web evolution.
When Prosecutors Fight (with Each Other)
April 27, 2006
The rise in white-collar prosecutions has been accompanied by an escalation of fights between prosecutors. The inevitable tension, if not enmity, that arises when multiple prosecutors chase the same target presents potential opportunities for the white-collar defense counsel. True, the client's perspective might be similar to that of a prey stalked by hungry carnivores. But his or her counsel should carefully assess whether a client's case can, in fact, be advanced by exploiting a law enforcement turf battle.
