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Documents on white collar crime
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|"Gradual Withdrawals" from Fraud & Other Wrongdoing: Guidance for Corporate Officers and In-House Counsel in the Whistleblower Era|
Steven Pelak, Jason Prince; Holland Hart LLP;
February 24, 2014, previously published on February 20, 2014Upon discovery that employees or third-party agents may be committing a fraud or may be violating anti-corruption, export control, trade sanctions, money laundering, environmental or other laws, corporate officers and in-house counsel might determine that the circumstances allow a gradual...
|Deferred Prosecution Agreements|
Withers Bergman LLP;
February 24, 2014, previously published on February 21, 2014Deferred Prosecution Agreements (‘DPAs’) are voluntary agreements due to come into force on 24 February 2014, pursuant to which a prosecutor and an organisation can agree that, as long as certain terms of the DPA are satisfied the prosecutor will initially suspend and eventually...
|Private Fund Managers Be Aware: FCPA Enforcement Is Coming Your Way|
Proskauer Rose LLP;
February 17, 2014, previously published on February 13, 2014The increased globalization of the private investment industry has given rise to an enhanced focus by U.S. prosecutors and regulators on rooting out corrupt business activities in private equity firms and hedge funds. As private investment firms expand both their efforts to attract financing from...
|Singapore Court Of Appeal Upholds Ruling on Legal Entitlement to Assets of Deposed Philippines Premier, Ferdinand E Marcos|
Annie Clarke, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
February 17, 2014, previously published on February 14, 2014In 1986, the President of the Philippines, Mr Ferdinand E. Marcos, was deposed by a non-violent coup later popularised as the ‘People Power Revolution’. During his tenure, Mr Marcos, his family and close associates are alleged to have illicitly looted public assets to amass a huge...
|The New Brazilian Anti-Corruption Law Comes Into Effect|
Shin Jae Kim, Juliana Sá de Miranda, Renata Muzzi Gomes de Almeida; TozziniFreire Advogados;
February 14, 2014On January 29th, 2014, Law nš. 12,846/2013, better known as the “Anti-Corruption Law”, came into effect. It introduces administrative and civil liability on legal entities for illicit acts practiced against local and foreign public administration.
|SEC’s Strategic Plan Includes Reliance On Whistleblower Tips|
Allison L. Martin, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
February 14, 2014, previously published on February 11, 2014The U.S. Securities and Exchange Commission (SEC) published (for public comment) a draft strategic plan, which sets forth its goals and objectives for fiscal years 2014 through 2018. The SEC’s “strategic objectives” include: fostering compliance with federal securities laws;...
|Proposed Amendments to the Federal Rules of Civil Procedure|
Stephen J. MacGillivray, Raymond M. Ripple; Edwards Wildman Palmer LLP;
February 5, 2014, previously published on January 2013Changes to the Federal Rules of Civil Procedure - the procedural rules that govern the life of a case in the federal trial courts - are on the horizon. On June 3, 2013, the Standing Committee on Rules of Practice and Procedure (the “Standing Committee”) approved for publication a report...
|Chief Judge Kozinski’s Ninth Circuit Dissent in U.S. v. Olsen Offers Hope that Courts Will Keep Prosecutors Honest|
Joseph D. Barton; Sheppard, Mullin, Richter & Hampton LLP;
January 31, 2014, previously published on January 21, 2014On December 10, 2013, the U.S. Court of Appeals for the Ninth Circuit denied a request for a rehearing en banc in United States v. Olsen, 2013 WL 6487376 (9th Cir. 2013) (ord. denying reh’g en banc). The defendant, Kenneth Olsen, sought to vacate, set aside, or correct his sentence on...
|False Claims Act Whistleblower Bounties Exceed $345 Million in Fiscal Year 2013|
Anthony Navid Moshirnia; Sheppard, Mullin, Richter & Hampton LLP;
January 31, 2014, previously published on January 21, 2014The DOJ has released its Fiscal Year (“FY”) 2013 totals for civil settlements and judgments recovered under the federal False Claims Act (“FCA”). To say that the Department had a successful year in prosecuting fraud against the government would be putting it mildly. ...
|Department of Labor Whistleblower Update|
Igor M. Babichenko, Mary E. Pivec; Williams Mullen;
January 27, 2014, previously published on January 23, 2014In recently released decisions, the DOL Administrative Review Board took further action in two whistleblower actions of interest to employers.