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|UK SFO Director Explains when Prosecution would be Unlikely to Follow a Self-Report|
Jamie Humphreys, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
November 4, 2013, previously published on October 29, 2013In a recent talk, David Green QC, the director of the Serious Fraud Office (SFO), made a strong argument in favour of self-reporting and the changes that he had introduced when he replaced Richard Alderman. Last year, David Green withdrew the SFO’s guidance on self-reporting and clarified...
|What’s The State Of The CFTC Whistleblower Program?|
Michael J. Graham, Steven J. Pearlman; Proskauer Rose LLP;
October 31, 2013, previously published on October 29, 2013The SEC’s whistleblower program has received tremendous attention, but let’s not forget about the Commodity Futures Trading Commission’s (CFTC) whistleblower program, which also was created by Dodd-Frank. A recent article from the Risk & Compliance Journal of the Wall Street...
|Importers Receive Severe Criminal Sentences in United States v. Chavez|
Sydney H. Mintzer, Jing Zhang; Mayer Brown LLP;
October 29, 2013, previously published on October 29, 2013In July 2012, the United States Department of Justice (DOJ) filed criminal charges in a California federal court accusing several individuals and business entities of evading customs duties on goods imported into the United States. On October 22, 2013, Gerardo Chavez, the main defendant in United...
|$237,454,195 Judgment against Tuomey Healthcare System under False Claims Act|
October 29, 2013, previously published on October 17, 2013On September 30, 2013, the United States District Court for the District of South Carolina (the "District Court") ordered entry of judgment on a jury verdict against Tuomey Healthcare System ("Tuomey") in the amount of $237,454,195 in treble damages and civil money penalties...
|Diebold Resolves FCPA Charges for $48 Million|
Max B. Chester, Pamela L. Johnston, David W. Simon; Foley & Lardner LLP;
October 28, 2013, previously published on October 25, 2013On October 22, 2013, the U.S. Department of Justice (“DOJ”) and the Securities & Exchange Commission (“SEC”) announced their agreements with Diebold Inc. (“Diebold”) regarding probes into alleged bribery of foreign bank officials. The finalized agreements...
|Second Circuit Applies Morrison to Criminal Prosecution Under Section 10(b) and Rule 10b-5|
Jeff Kern, Thomas M. Monahan, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
October 24, 2013, previously published on October 23, 2013In United States v. Vilar, Case Nos. 10-521(L), 10-580(CON), 10-4639(CON), 2013 WL 4608948 (2d Cir. Aug. 30, 2013), the United States Court of Appeals for the Second Circuit held that Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Securities & Exchange...
|Canada’s Revamped Anti-Corruption Legislation Increases the Risk for Companies Doing Business North of the Border|
Gregory W. Carey, Stephen G. Huggard; Edwards Wildman Palmer LLP;
October 16, 2013, previously published on October 15, 2013Over the past decade, the U.S. government has levied billions of dollars in penalties in connection with enforcement actions involving violations of the U.S. Foreign Corrupt Practices Act (“FCPA”), the very broad U.S. law that criminalizes the payment of bribes by U.S. citizens and...
|Supreme Court Considers Review of Two False Claims Act Whistleblower Suits|
Connie N. Bertram, Amy L. Blackwood; Proskauer Rose LLP;
October 16, 2013, previously published on October 16, 2013The Supreme Court is considering whether to hear two whistleblower cases under the False Claims Act (“FCA”), both on appeal from the Fourth Circuit. The Supreme Court has asked the U.S. Solicitor General to weigh in before the Court decides whether to hear either case. The two cases...
|Whistleblower Claims up the Ante: The Risks of Improper Customs Declarations Can Surpass Typical Penalty Actions|
Joan Koenig, Beata K. Spuhler; Drinker Biddle & Reath LLP;
October 16, 2013, previously published on October 10, 2013One of the most difficult compliance issues importers face is the identification and reporting of all required additions to the value of imported merchandise as dictated under the customs valuation statute, 19 U.S.C. § 1401a.
|Un-Confidential Agreements: Another Brush Off An Attorney's Palette|
Michael A. Kaplan, Robert J. Kipnees; Lowenstein Sandler LLP;
October 11, 2013, previously published on October 2013On September 17, 2013, the SEC “announced enforcement actions against [twenty-three] firms for short selling violations.” Twenty-two of those firms agreed to settle the charges against them. The details of how those settlements came about will probably never be known, yet it is likely...