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|SEC Releases Annual Report on its Whistleblower Program: Progress, Priorities, and Payments|
Nicholas S. Feltham, Mary P. Hansen, Ronald A. Sarachan; Drinker Biddle & Reath LLP;
December 16, 2013, previously published on November 27, 2013On November 15th, the U.S. Securities and Exchange Commission released its 2013 Annual Report to Congress on the Dodd-Frank Whistleblower Program. The report contains helpful insight into the operation of the SEC’s Office of the Whistleblower (OWB), and details OWB’s progress to date,...
|Second Circuit Clarifies Statute of Limitations in Criminal Conspiracy Cases|
Robert E. Bloch, Kelly B. Kramer, Stephen M. Medlock; Mayer Brown LLP;
December 16, 2013, previously published on December 12, 2013On December 9, 2013, the US Court of Appeals for the Second Circuit significantly expanded the protections of the statute of limitations in criminal matters by holding that transactions such as interest payments that are tainted by conspiracy are insufficient to extent the statute of limitations....
|Brazil’s New Anti-Bribery Act Goes into Effect in January 2014—Is Your Company Ready?|
Shawn M. Wright; Blank Rome LLP;
December 13, 2013, previously published on December 2013Brazil's stringent new anti-bribery law, the "Clean Companies Act," takes effect on January 29, 2014 and will, for the first time, subject Brazilian and multinational companies operating in Brazil to severe civil and administrative sanctions for bribing domestic or foreign government...
|A Race To Disclose Secret Offshore Accounts: New Justice Department Program Pits Swiss Banks Against Their U.S. Accountholders|
Stephanie C. Chomentowski, Matthew D. Lee; Blank Rome LLP;
December 13, 2013, previously published on December 2013The Department of Justice has announced another program designed to identify United States taxpayers who have unreported foreign bank accounts. Continuing the unprecedented cooperation between U.S. and Switzerland to combat tax evasion, the two countries issued a joint statement earlier this fall...
|SEC Order Denying Whistleblower Claim Confirms Prospective Coverage and Limited Discovery in Dodd-Frank Bounty Proceedings|
Thomas R. Bundy, Peter N. Farley, Cynthia M. Krus, Allegra J. Lawrence-Hardy, Robert D. Owen; Sutherland Asbill & Brennan LLP;
December 11, 2013, previously published on December 9, 2013In a recent order denying a whistleblower’s award claim, the U.S. Securities and Exchange Commission upheld the prospective application and discovery limitations of two of its rules implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act’s bounty provisions for...
|SFO Spotlight on Construction Sector|
Withers Bergman LLP/Withers LLP;
December 11, 2013, previously published on December 10, 2013The construction sector has recently come under the spotlight following comments made by the Director of the Serious Fraud Office (the ‘SFO’) that it is one of the key industries facing increased levels of scrutiny as a result of the new proactive and aggressive approach being initiated...
|Incentivizing Integrity: False Claims Act (FCA) Enforcement On The Rise|
Latour "LT" Lafferty; Fowler White Boggs P.A.;
December 10, 2013, previously published on December 2013If your company does business with the State or Federal government it has potential FCA exposure. While historical FCA enforcement actions were limited to healthcare and defense procurement industries, organizations in other industries are routinely finding themselves to be subjects of FCA...
|World Bank Report Concludes That Financial Sanctions Imposed By Prosecuting States Are Failing To Compensate Countries Whose Officials Have Been Bribed|
Annie Clarke, Jamie Humphreys, James Maton, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
December 5, 2013, previously published on December 3, 2013The World Bank’s Stolen Asset Recovery Initiative (StAR) last week published a report, Left Out of the Bargain (http://star.worldbank.org/star/publication/left-out-bargain-settlements-foreign-bribery-cases-and-implications-asset-recovery), concluding that although significant out of court...
|SEC Announces First Deferred Prosecution Agreement With An Individual|
Christina N. Davilas, Steven W. Hansen; Bingham McCutchen LLP;
November 26, 2013, previously published on November 22, 2013The Securities and Exchange Commission (“SEC”) recently announced its first deferred prosecution agreement (“DPA”) with an individual. Such agreements are one of many initiatives by the SEC to induce knowledgeable companies and individuals (including culpable ones) to come...
|The Second Opinion: U.S. Supreme Court to Reconsider Fraud-on-the-Market Theory|
Brandon Kain; McCarthy Tétrault LLP;
November 25, 2013, previously published on November 22, 2013On November 15, 2013, the U.S. Supreme Court agreed to hear an appeal in which it will reconsider the ”fraud-on-the-market” theory that has been one of the cornerstones of private securities litigation in the United States for the past 25 years.