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|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.
|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...
|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...
|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...
|SEC Awards Whistleblower More Than $14 Million - Largest Award to Date|
Sutherland Asbill Brennan LLP;
October 7, 2013, previously published on October 4, 2013In a press release issued on October 1, 2013, the U.S. Securities and Exchange Commission (SEC or Commission) announced its largest whistleblower award yet of $14 million. The recipient of the award is an individual whistleblower who reported information that led to a successful enforcement action...
|SEC Whistleblower Awarded Record $14 Million|
Jackson Lewis P.C.;
October 4, 2013, previously published on October 3, 2013The Securities and Exchange Commission (SEC) has announced that an unidentified whistleblower, “who voluntarily provided original information” to the SEC “that led to the successful enforcement” action against an undisclosed company, has been awarded a record $14 million....
|China Unveils a Blacklist System for Recording Bad Conduct and Foul Play in the Field of Outbound Investment and Foreign Trading|
Brian D. Beglin, Jin Wang, Xiaowei Ye; Bingham McCutchen LLP;
October 4, 2013, previously published on October 1, 2013On September 23, 2013, China’s Ministry of Commerce published a new trial measure jointly issued by it and eight other ministries that aims to collect and publish a list of Chinese and non-Chinese enterprises, organizations and individuals who have committed bad acts or engaged in foul play...
|Mary Jo White Throws Down the Gauntlet: Vows to Wield the SEC's Full Enforcement Arsenal Against Corporate and Individual Wrongdoers|
Hillary S. Profita, Michael J. Rivera; Venable LLP;
October 4, 2013, previously published on September 2013Securities and Exchange Commission Chair Mary Jo White warned that the SEC will pull no punches under the leadership of the former federal prosecutor. During a speech delivered to the Council of Institutional Investors last week in Chicago, Ms. White stated that the SEC would use its enforcement...
|The False Claims Act Public Disclosure Bar and the Meaning of “News Media”|
Berger Montague P.C.;
October 1, 2013Under the False Claims Act, 31 U.S.C. 3730(e)(4)(A)(iii), "the court shall dismiss an action or claim . . . unless opposed by the government, if substantially the same allegation or transaction as alleged in the action or claims were publically disclosed from the news media. Because...
|Canada’s First “FCPA” Trial & Increased International Law Enforcement Cooperation|
Holland Hart LLP;
September 30, 2013, previously published on September 27, 2013The frequency and scope of international law enforcement cooperation has increased markedly in recent years. Although such cooperation has slowly emerged for decades, the recent explosion of cooperation has been facilitated in large part by the expansion of instantaneous international...