In the Courts
April 01, 2019
The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.
Business Crimes Hotline
April 01, 2019
The former CEO of a pharmaceutical company was found guilty by a jury on eight counts of wire fraud affecting a financial institution for orchestrating a scheme that led to the collapse of one of Puerto Rico's biggest banks.
FCA and Statute of Limitations: A Puzzle for the Supreme Court
March 01, 2019
The FCA is not a model of clarity. In a certiorari petition in United States ex rel. Hunt v. Cochise Consultancy, the U.S. Supreme Court will address an area of uncertainty that has led to a three-way circuit split regarding the FCA's statute of limitations. Depending on the outcome, FCA defendants could end up facing even more claims up to a decade old or, alternatively, have a new limitation on FCA actions upon which to rely.
Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments
March 01, 2019
In <i>Stoebner v. Opportunity Finance, LLC</i>, the U.S. Court of Appeals for the Eighth Circuit held that “… Ponzi scheme payments to satisfy legitimate antecedent debts to defendant banks could not be avoided” by a bankruptcy trustee “absent transaction-specific proof of actual intent to defraud or the statutory elements of constructive fraud — transfer by an insolvent debtor who did not receive reasonably equivalent value in exchange.”
Mystery Subpoena Case at High Court Could Expand U.S. Authority
March 01, 2019
Rare Supreme Court holiday activity and ongoing news coverage about special counsel Robert Mueller's investigation has drawn much attention to the enigmatic case of <i>In Re Grand Jury Subpoena</i>. The matter is unremarkable, presenting familiar issues of international litigation. Upon further examination, however, the case may have the potential to expand the authority of United States courts over foreign states and their agencies or instrumentalities.
In the Courts
March 01, 2019
New Charges in Insurance Corporation of Barbados Limited Bribery Case
Business Crimes Hotline
March 01, 2019
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
Business Crimes Hotline
March 01, 2019
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy
February 01, 2019
Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are "partners, not adversaries." DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.
Sticking a Hand in the Internet Cookie Jar
February 01, 2019
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…
