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We found 1,346 results for "Business Crimes Bulletin"...

No 'Fishing' In Trump Tax Return Case
November 01, 2020
"Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime." Judge Victor Marrero, writing in a decision dismissing the President's civil suit under the Civil Rights Act, neither gives a fish, nor teaches how to fish — rather he explains what fishing is.
The 'Right to Control' Wire Fraud Theory Should Be Eliminated
November 01, 2020
In recent decades, federal fraud prosecutions have relied on the theory that a defendant can fraudulently deprive a victim of the intangible "right to control" its assets, even if the victim is not deprived of any tangible money or property. While this theory has been repeatedly affirmed by the Second Circuit, it is incompatible with a series of recent Supreme Court cases in which the Court has narrowed the scope of federal white-collar criminal statutes by adopting narrow definitions of the term "property."
Don't Set It & Forget It: The Importance of Evaluating & Evolving Healthcare Compliance Programs
November 01, 2020
The federal government won or negotiated over $2.6 billion in healthcare fraud judgments and settlements in 2019. The government's investment of resources toward combatting fraud, waste and abuse in healthcare can be expected to continue in full force, irrespective of a change in political administration. Accordingly, it is important for healthcare companies to focus on maintaining flexible and effective compliance programs.
DOJ's China Initiative Poses Growing Risks for Those with Chinese Ties
November 01, 2020
In the two years since it's unveiling, the Initiative has expanded its scope from prosecutions of individuals suspected of stealing for China to those who simply have Chinese ties. The department is now increasing its mission to investigate individuals who are merely associated with Chinese recruitment programs.
Corporate Compliance Programs and the DOJ's Emphasis on Data Analytics: What Companies Need to Consider
October 01, 2020
In recent months, the Dept. of Justice has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct.
The Potential for Fraud or Misbehavior In the Time of COVID-19
October 01, 2020
A roundtable discussion on the topic of government investigations, corporate compliance efforts, and the potential for fraud or misbehavior in the time of COVID-19.
Particularized Pleading of Underlying Illegal Acts in the Second Circuit
October 01, 2020
Gamm v. Sanderson Farms, establishes a high burden for a plaintiff to plead adequately failure to disclose illegal conduct — regardless of how much circumstantial evidence a plaintiff is able to amass or how much news coverage the alleged conduct attracts.
The Updated FCPA Resource Guide
September 01, 2020
Something Old, Something New, Something Borrowed, Something Blue this second edition contains some new "hypotheticals" — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies' anticorruption compliance programs.
FIFA Decision Confirms Long Arm of Honest Services Fraud
September 01, 2020
United States v. Napout The U.S. government's lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world's policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive's home country?
Is an 'Official Act' An Element of Public and Private Corruption?
September 01, 2020
This article discusses cases that have begun to address whether "official act" is an element in a private honest services fraud prosecution.

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