Money Laundering: A Changing Paradigm
January 26, 2010
Over the past several months there has been a slew of public pronouncements that should put financial institutions on edge. Enhanced enforcement of the Foreign Corrupt Practices Act (FCPA) is now migrating into the financial sector and linking up with anti-money laundering (AML) and Office of Foreign Assets Control (OFAC) compliance requirements.
Confronting the Forensic Facts
January 26, 2010
A pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause, <i>Crawford v. Washington</i> and <i>Melendez-Diaz v. Massachusetts</i>, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government
DOJ, Heal Thyself
January 26, 2010
The uptick in implosions of high-profile criminal cases has been cause for concern among the DOJ's most ardent supporters. Policymakers need to ask whether the DOJ is doing as much to mitigate its own risks of employee misconduct as it requires of the companies it investigates and prosecutes.
In the Courts
December 17, 2009
Recent rulings of interest to you and your practice.
The Speech or Debate Clause
December 17, 2009
A recent indictment of a former Member of Congress has rekindled the legal debate over the scope and effect of the Speech or Debate clause and perhaps presages a return to the Supreme Court for a ruling to settle the conflict among the circuit courts about interpretation of the Clause.
New Use of Wiretaps in Insider Trading Cases
December 17, 2009
On Oct. 16, 2009, federal agents arrested Raj Rajaratnam, the founder of hedge fund Galleon Group, in an alleged insider trading scheme that involved well known public companies and thus far 20 defendants, including lawyers, stock traders, management consultants, and executives inside the issuers themselves. Wiretapping was part of the case.
Who's Allegedly 'Cooking the Books' and Where?
December 17, 2009
In a poll conducted during an April 23, 2009 Deloitte online seminar entitled "Managing Fraud Risk: Insights and Practical Strategies," 72% of the 2,123 respondents indicated a belief that the number of accounting frauds uncovered would increase over the next two years.
What's Coming in e-Commerce in 2010?
November 25, 2009
For this year-end edition, because I believe that much of e-commerce law and strategy is no different from what is done in offline business (but people must be shown that it often is the same), I will follow suit and offer my own thoughts on the major trends that will affect online business in the next year.
