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Documents on white collar crime

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HTMLU.S. Supreme Court Strengthens Protections for Criminal Defendants' Right to Counsel in the Federal Courts
Duane Morris LLP;
Legal Alert/Article
July 23, 2016, previously published on March 31, 2016
On March 30, 2016, the U.S. Supreme Court held that the Sixth Amendment to the United States Constitution guarantees a defendant’s right to access his or her funds that are untainted by any criminal conduct to pay for counsel. In Luis v. United States, 578 U.S.---(2016), the Supreme Court...


HTMLMcDonnell Decision and the FCPA
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 30, 2016
On June 27, 2016, in the last decision of the 2015-2016 term, the U.S. Supreme Court, in McDonnell v. United States, No. 15-474, narrowed the type and character of “official acts” that could underpin corruption charges against a public official. Federal prosecutors contended that former...


HTMLSupreme Court Limits Extraterritorial Application of RICO
Anthony J. Dick, Gregory G. Katsas, Hashim M. Mooppan, Jacob M. Roth; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court issued a major decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The Court held that RICO's criminal provisions apply extraterritorially to a limited extent but that...


HTMLCFPB Proposed Rules Address Payday Loans and Impose New Customer Diligence Requirements
Scott A. Cammarn, Peter Carey, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 20, 2016, previously published on June 8, 2016
The Consumer Financial Protection Bureau (“CFPB”) last week announced long-awaited proposed rules governing payday loans and other high-cost credit products, including that lenders must take steps to ensure prospective borrowers have the ability to repay them.1 The proposed rules, which...


HTMLThe Sapin II Bill: A Potential Game-Changer in French Corruption Enforcement
Jeremy Attali, Benedicte Graulle, Robert F. Mayo, Glyn Powell, Sion Richards; Jones Day;
Legal Alert/Article
June 2, 2016, previously published on May 2016
"In the fight against corruption, France cannot just satisfy itself with the existing situation." This statement, made by French Minister of Finance Michel Sapin in July 2015, accompanied draft legislation known as the "Sapin II Bill." Named by reference to the "Sapin I...


Adobe PDFGetting By With a Little Help From Friends: United States Supreme Court to Clarify Insider Trading Liability in Tipping Cases
Jodi L. Avergun, Kendra Clayton, Douglas H. Fischer, Adam S. Lurie, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
February 12, 2016, previously published on January 27, 2016
On January 19, 2016, the United States Supreme Court granted certiorari in United States v. Salman, in which the Ninth Circuit Court of Appeals held that the government may prove a “personal benefit” to a tipper of inside information—a necessary element of an insider trading case...


HTMLThe Investigative Authority of the New York Attorney General Is Not Without Its Limits
Robert W. Gaffey, Harold K. Gordon; Jones Day;
Legal Alert/Article
February 11, 2016, previously published on February 2016
Much press ink has been spilled announcing yet another investigation or enforcement action by the New York Attorney General, ranging from Attorney General Spitzer’s actions against major Wall Street financial institutions and their executives, to Attorney General Cuomo’s actions against...


HTMLFinCEN Targets High-Value Real Estate Transactions in New York and Miami
Jodi L. Avergun, Nicholas E. Brandfon, J. Robert Duncan, Steven M. Herman, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 29, 2016, previously published on January 19, 2016
On January 13, 2016, the Financial Crimes Enforcement Network (“FinCEN”) announced that it had issued a Geographic Targeting Order (“GTO”) which will temporarily require certain title insurance companies to report the identity of natural persons who make...


HTMLProduction Order Challenge Results in Recognition of Duty to Assert Consumer Privacy Rights
Bonnie Freedman, Graeme Hamilton; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 19, 2016
On January 14th, 2016, in R. v. Rogers Communications, Sproat J. of the Superior Court of Justice issued a very important decision for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties. The Court...


HTMLOFAC Publishes Cyber-Related Sanctions Regulations
Peter Carey, Keith M. Gerver, Joseph V. Moreno, James A. Treanor; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 19, 2016, previously published on January 8, 2016
On December 31, 2015, the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued regulations1 implementing Executive Order 13694 of April 1, 2015, which authorized the imposition of economic sanctions on individuals and entities determined to be responsible...


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