The Art of Cyberwarfare
November 02, 2015
Cybersecurity is at a crossroads. No longer resigned to the confines of server rooms overseen by information technology, decisions regarding the protection of data have been forced into the boardroom by events that include breaches at main street businesses and revelations of clandestine government hacking activities.
Upsetting the Apple Cart?
October 02, 2015
Observers of federal compliance monitors are accustomed to seeing them appointed after negotiation, commonly by deferred prosecution agreements (DPAs) in criminal matters or by consent decrees in civil matters. The monitorship in the Apple e-books antitrust case is a notable exception. This article discusses the proceedings.
FATCA's Due Diligence Expansion
October 02, 2015
Last month, we discussed the fact that although Congress' purpose and intent in passing 2010's Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant. The article concludes herein.
In the Courts
October 02, 2015
Analysis of a case in the Seventh Circuit in which a wire fraud and bribery conviction was upheld for a County Director In Illinois. Also, a look at a case out of the Second Circuit involving whistleblowing.
Searches Without Frontiers
September 02, 2015
The first half of 2015 has seen vigorous debate over U.S. law enforcement's authority to seize data evidence stored overseas. MLATs are agreements between two or more countries that facilitate cross-governmental collaboration in criminal investigations and prosecutions. But the MLAT process is complicated, time-consuming and ill-equipped to handle 21st-century data storage and privacy issues.
Business Crimes Hotline
September 02, 2015
On Aug. 6, 2015, three additional Swiss banks reached agreements through the DOJ Swiss Bank Program, first announced in 2013.
Behind the SEC's Recent Crackdown on Compliance Officials
September 02, 2015
On June 18, 2015, SEC Commissioner Daniel Gallagher wrote in a statement placed on the SEC website that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firms' compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
In the Courts
September 02, 2015
In July, the Seventh Circuit upheld the district court's sentence of probation and a civil fine ' with no jail time ' for willful tax evasion, despite the recommendation of imprisonment pursuant to the Sentencing Guidelines. An analysis of <I>U.S. v. Warner.</I>