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Running the Big Con in DC: Lessons for the FCPA Compliance Practitioner

Most people have seen the movie " The Sting ", starring Robert Redford and Paul Newman, which tells the story of an older con man, Newman, who shows a younger man, Redford, how to run 'the big con' on a gangster played by Robert Shaw. It was fiction. However, on the front page of the...

Factors for a NPA for an Individual in a SEC Enforcement Action

I have previously written about what conduct can help your company if it is under an investigation by the Department of Justice (DOJ) for Foreign Corrupt Practices Act (FCPA) violations. The key seems to be "extra-ordinary cooperation." Today we will take a look at a recent Securities and Exchange...

Ethical Leadership: Leading a Company Conversation on Compliance

Ethical leadership is absolutely mandatory to have a successful compliance program, whether it is based upon the US Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act. Senior management must not only be committed to doing business in compliance with these laws but they must communicate these...

The DOJ Listens: the Evolution of FCPA Compliance in M&A

Earlier this week the US Department of Justice (DOJ) released a Deferred Prosecution Agreement (DPA) with the company Data Systems & Solutions (DS&S). I explored the factual allegations against DS&S and the highlights of the DPA in yesterday's post. Today I want to discuss the DS&S...

Cadwalader Client & Friends Memo: A 'Hat Trick' of Heightened False Claims Act Risks for Health Care Providers

Introduction At the risk of stating the obvious, fighting and prosecuting health care fraud are top priorities for the Federal Government, and the False Claims Act ("FCA") is its weapon of choice in the battle. In a speech in June, Stuart Delery, the Acting Assistant Attorney General for...

How Casanova Informs Your FCPA Compliance Program

One cannot use 'sex' in the title of a blog or company email filters will pick it up as spam. So while our title today focuses on Casanova and lust, this post will focus on sex. Yesterday, an article in the Sunday New York Times (NYT) entitled " Strauss-Kahn Say Sex Parties Went Too Far...

Stop Drinking The Kool-Aid

This article was reprinted with permission from FCPA Professor . Since April the Department of Justice has been running a Kool-Aid stand and many people have been drinking the Kool-Aid. The Kool-Aid being served up and consumed is Morgan Stanley's so-called declination. As noted in this...

FTC Rules Get E-Discovery Makeover This Month

When really broad neckties went out of style, one solution might have been to take a pair of scissors to them and snip them to a modern-day width. Smarter guys might simply have taken them to a tailor. Others might have made them into kites. But most guys simply purchased new ties, kept wearing the fat...

An Equally Valid DOJ Press Release

This article was reprinted with permission from FCPA Professor Last week the DOJ announced in this release the departure of Assistant Attorney General Lanny Breuer. Breuer's position was obviously not FCPA specific, but he took a great interest in the DOJ's Foreign Corrupt Practices Act...

The Week In Securities Litigation: DOJ Files Significant Market Crisis Case Against Rating Agency

The Department of Justice filed one of the most significant market crisis cases this week against a major rating agency as a defendant. The case centers on years of false statements about ratings given to RMBS and CDOs, according to the complaint, as the market crisis evolved and the market for those...

Lanny Breuer and Foreign Corrupt Practices Act Enforcement

This article was reprinted with permission from FCPA Professor Lanny Breuer stepped down as Assistant Attorney General of the Justice Department's Criminal Division on March 1st after nearly four years on the job. Word of Breuer's departure began circulating soon after the airing of a...

Excerpts from the May 15, 2013 Bender's Immigration Bulletin

Interim Final Rule Issued on H-2B Prevailing Wages On April 24, 2013, the Department of Labor and the Department of Homeland Security jointly published an interim final rule establishing a new method of calculating prevailing wages under the H-2B program. The new rule was issued in response to...

News Excerpts From the Oct. 15, 2013, Bender’s Immigration Bulletin

Administration Revises Policy on False Claims to Citizenship: In a pair of letters sent to Senate Majority Leader Harry Reid (D-Nev.) in late August and early September, the administration confirmed that individuals charged with making false claims to U.S. citizenship can raise as an affirmative defense...

Department of Justice seal

DOJ department of justice seal

News Excerpts From the April 1, 2014, Bender’s Immigration Bulletin

DHS Issues Final Regulations on Sexual Abuse in Detention Centers | On March 7, 2014, the Department of Homeland Security issued a long-awaited set of final regulations applying standards required under the Prison Rape Elimination Act Standards to immigration detention centers. Among other provisions...

DOJ’s Empty Rhetoric on Individual FCPA Prosecutions Continues

This article was reprinted with permission from FCPA Professor This previous post highlighted the empty rhetoric of a former DOJ Criminal Division Chief regarding individual FCPA prosecutions. A change in leadership at the DOJ Criminal Division has not brought about a change in the rhetoric. ...

In the Words of Loretta Lynch

This article was reprinted with permission from FCPA Professor President Obama nominated Loretta Lynch (U.S. Attorney, Eastern District of New York) to be the next Attorney General. This post highlights Lynch’s responses to various Foreign Corrupt Practices Act or FCPA related questions originally...

DOJ Gets It Right in Recent FCPA Opinion Procedure Release

This article was reprinted with permission from FCPA Professor In this November 2010 post regarding the FCPA guidance, I flagged the below statement as one of the ten most meaningful statements in the Guidance. “Successor liability does not […] create liability where none existed before...

A Focus on DOJ FCPA Individual Prosecutions

This article was reprinted with permission from FCPA Professor This post highlights certain facts and figures concerning the DOJ’s prosecution of individuals for FCPA offenses in 2014 and historically. As highlighted in recent posts here , here , and here , the DOJ frequently talks about...

News Excerpts From the March 1, 2015, Bender’s Immigration Bulletin

Preliminary Injunction Issued in Texas v. United States | Late on February 16, a United States District Court judge for the Southern District of Texas (Brownsville) issued a preliminary injunction temporarily blocking the President’s November 2014 executive action on immigration. Judge Andrew...

Challenging Consequences: The Government’s Requirement for Wrongdoing Admissions in Civil Fraud Suits

In one of the more troublesome recent developments for corporate officials who find themselves targeted by government investigations, both the U.S. Department of Justice and the Southern District of New York U.S. Attorney’s Office have made it clear that as part of the settlement of civil fraud...

FIFA, the DOJ and the Global Fight Against Corruption

The Department of Justice (DOJ) gave the global fight against anti-corruption a huge boost last week when it announced it was bringing charges against 14 members or persons associated with Fédération Internationale de Football Association (FIFA). To say that the scope and breadth of the...

News Excerpts From the July 1, 2015, Bender’s Immigration Bulletin

New York Grants Law License to DACA Grantee | On June 3, 2015, an intermediate New York appellate court approved the application for admission to the bar of a Mexican citizen who was brought to the United States as a child and granted relief under the Deferred Action for Childhood Arrivals (DACA)...

Ballard Spahr LLP: DOJ Cracks Down on Cyber Criminals

The Department of Justice (DOJ) recently announced the largest coordinated international law enforcement effort ever directed at an online cyber-criminal forum. Financial institutions and other companies should consider whether to incorporate some of the lessons learned from the DOJ’s Operation...

News Excerpts From the Sept. 1, 2015, Bender’s Immigration Bulletin

DHS to Enhance Security for Visa Waiver Program| On August 6, 2015, Department of Homeland Security Secretary Jeh Johnson announced the implementation of new security measures for noncitizens seeking to enter the United States under the Visa Waiver Program. Among other changes, travelers will have...