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Documents on white collar crime
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|Who is a Foreign Official?|
McDonald Hopkins LLC;
May 29, 2014, previously published on May 27, 2014On May 16, 2014, the U.S. Court of Appeals for the 11th Circuit issued the highly anticipated opinion in United States v. Esquenazi. In affirming the longest sentences ever imposed under the Foreign Corrupt Practices Act (FCPA), the court held that bribe payments to a foreign state-owned business...
|Eleventh Circuit Addresses Scope of FCPA Coverage of Activity Involving State-Controlled Business Enterprises|
Gary DiBianco, Mitchell S. Ettinger, Warren L. Feldman, Eric J. Gorman, Bradley A. Klein; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
May 29, 2014, previously published on May 20, 2014On May 16, 2014, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit provided the first appellate court interpretation of the reach of the U.S. Foreign Corrupt Practices Act (FCPA) to conduct involving state-controlled business entities. Affirming two FCPA convictions, the...
|The Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act|
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
May 27, 2014, previously published on May 2014On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld the convictions of Joel Esquenazi and Carlos Rodriguez, former executives for Terra Communications, convicted of paying bribes to officials of Haiti Teleco, Haiti's state-owned telecommunications company. Esquenazi and...
|U.S. District Judge in Florida Dismisses SEC Action Against Corporate Defendants and Holds that Five-Year Statute of Limitations Removed the Court’s Subject-Matter Jurisdiction|
Peter J. Anderson, Keith J. Barnett, Bruce M. Bettigole, Brian L. Rubin, W. Scott Sorrels; Sutherland Asbill & Brennan LLP;
May 27, 2014, previously published on May 22, 2014On May 12, Judge James Lawrence King of the U.S. District Court for the Southern District of Florida dismissed with prejudice the U.S. Securities and Exchange Commission’s (SEC) case against five defendants in an action alleging that the defendants engaged in securities fraud.1 In ordering...
|Cosmetics Company Agrees to Pay US$135M to Settle FCPA Claims|
Joseph De Simone, Richard M. Rosenfeld, Allison J. Zolot; Mayer Brown LLP;
May 12, 2014, previously published on May 8, 2014On May 1, 2014, it was announced that Avon Products, Inc., reached a settlement with US regulators over a long-standing federal probe into whether the cosmetics company paid bribes in China and other countries to gain favors. New York-based Avon agreed to pay $135 million in fines and other costs...
|Capital Punishment in the Corporate World - A First in the Czech Republic|
Stanislav Mecl; Kinstellar s.r.o.;
May 6, 2014, previously published on April 2014A look at the Czech Corporate Criminal Liability Act in practice.
|Internal Investigations and Enforcement Trends in CEE|
Stanislav Mecl; Kinstellar s.r.o.;
May 6, 2014, previously published on March 2014A review of trends and practical considerations in internal investigations in CEE
|Manufacturer Pays $4.3M to Settle Customs-related FCA Suit|
Sydney H. Mintzer, Jing Zhang; Mayer Brown LLP;
April 29, 2014, previously published on April 25, 2014On April 21, 2014, it was announced that Otter Products LLC (operating as “OtterBox”) has paid $4.3 million to settle a whistle-blower suit alleging that its import practice violated the False Claims Act (“FCA”) and the Tariff Act of 1930. OtterBox is a US company that...
|New Securities and Commodities Fraud Section Created by Chicago-Based US Attorney|
Dana S. Douglas, Alexandra L. Newman, Stanley J. Parzen; Mayer Brown LLP;
April 25, 2014, previously published on April 22, 2014Zachary Fardon, the recently appointed US Attorney for the Northern District of Illinois, has announced the creation of a new Securities and Commodities Fraud Section in Chicago. The new Section will specialize in investigating and prosecuting crimes relating to the operation of the country’s...
|DOJ and FTC Release Joint Antitrust Policy Statement Regarding Sharing of Cybersecurity Information|
Keith M. Gerver, Jonathan S. Kanter, Nandu Machiraju, Kenneth L. Wainstein; Cadwalader, Wickersham & Taft LLP;
April 20, 2014, previously published on April 15, 2014On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued an Antitrust Policy Statement on Sharing of Cybersecurity Information explaining that competitors can share legitimate threat information so long as appropriate...