Kelly T. Currie

Blogs: Government Contracts Legal Forum, International Trade Law

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No Reasonable Suspicion Required for Forensic Searches of Electronic Devices at the Border

By Kelly T. Currie, Rebecca Ricigliano, Paul Rosen, Joel Mallord & Christopher D. Garcia

May 25, 2018

Another Circuit Weighs in on Border Search Authority Creating Circuit Split On May 23, 2018, the Eleventh Circuit, in United States v. Touset, held that reasonable suspicion is not required to perform a forensic search of an electronic device at a U.S. border. Appellant, who was convicted of numerous counts based on evidence recovered from a search of his electronic devices, relied on the U.S. Supreme Court’s decision in Riley v. California – which…

International Trade Law

Searches of Electronic Devices at the Border Increase Nearly 60 Percent; DHS Issues Updated Border Search Policy

By Philip B. Rosen, Jake Levine, Kelly T. Currie & Christopher D. Garcia

January 10, 2018

On Friday, January 5, 2018, U.S. Customs and Border Protection (CBP), a component of the Department of Homeland Security, released the fiscal year (FY) 2017 statistics relating to warrantless searches of electronic devices at the border; they show a significant increase in border searches—30,200 in FY 2017, up from 19,051 in FY 2016 (which was itself up from 8,503 in FY 2015). CBP also released a new policy directive governing such searches, replacing guidance from…

International Trade Law

DOJ Creates Presumption of Corporate Declination in FCPA Cases

By Cari Stinebower, Kelly T. Currie, Alan W. H. Gourley, Stephen M. Byers, Philip B. Rosen & Jared Engelking

December 7, 2017

On November 29th, the Department of Justice unveiled a revised Foreign Corrupt Practices Act (FCPA) Enforcement policy that provides significant incentives for corporations to voluntarily self-disclose potential FCPA violations. The new policy makes permanent many aspects of a pilot program started under the Obama Administration with one significant enhancement: a presumption of a corporate declination of criminal charges if a company voluntarily self-discloses misconduct and cooperates early and fully. For more information, please see Crowell’s …

International Trade Law

D.C. Circuit Affirms Dismissal of Challenge to FinCEN Section 311 ‘Finding of Primary Money Laundering Concern’ for Banca Privada d’Andorra

By Cari Stinebower, Kelly T. Currie & Dalal Hasan

June 5, 2017

On May 23, 2017, the United States Court of Appeals for the District of Columbia affirmed the dismissal of a challenge to the U.S. Treasury’s use of Section 311 of the USA PATRIOT Act against Andorran bank Banca Privada d’Andorra (BPA) by the bank’s majority shareholders. The court’s decision provides important support for Treasury’s use of the Section 311 tool, confirming the great difficulties that plaintiffs will face in seeking to challenge, in the United…

International Trade Law

District Court Upholds FinCEN Rule Imposing Special Measures on Tanzanian Bank FBME

By Cari Stinebower, Kelly T. Currie & Dalal Hasan

May 23, 2017

On April 14, 2017, the U.S. District Court for the District of Columbia upheld the Treasury Department’s use of Section 311 of the USA PATRIOT Act to impose “special measures” with respect to Tanzanian Bank FBME, Ltd. The court’s ruling allows the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) to proceed with implementing a final rule that prohibits U.S. banks from maintaining correspondent accounts for FBME, and thereby effectively bars it from the U.S. financial…

International Trade Law

Implementation of FinCEN Rule Imposing Special Measures on FBME Bank Again Delayed

By Kelly T. Currie

October 5, 2016

On September 20, 2016, the U.S. District Court for the District of Columbia again delayed implementation of a rule by the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) branding FBME Bank Ltd. as a “primary money laundering concern” and effectively severing the foreign bank from the U.S. financial system. The rule, which would prohibit U.S. financial institutions from maintaining correspondent bank accounts on FBME’s behalf, imposes the harshest measure available under Section 311 of…

Government Contracts Legal Forum

Importance of Disclosures and Cooperation During and After Internal Investigations

By David B. Robbins, David C. Hammond & Kelly T. Currie

May 31, 2016

The rules, regulations, and incentives for government contractors facing investigations (whether internal or external) have changed dramatically in the last year. From the new demands of the “Yates Memorandum” to the Fair Pay & Safe Workplaces proposed rule to the shift from exclusion-driven interactions with Suspending and Debarring Officials (SDOs) to show cause letter and voluntary disclosure-driven interactions, a confluence of factors are raising new concerns—and new opportunities—for government contractors investigating or being investigated following…

International Trade Law

FinCEN’s Final Rule on Beneficial Ownership and the Administration’s New Initiatives on Financial Transparency: What You Need to Know

By Cari Stinebower, Kelly T. Currie, Jim Flood & Dalal Hasan

May 11, 2016

On May 6, 2016, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) released a final rule (the “Final Rule”) requiring banks, brokers or dealers in securities, mutual funds, futures commission merchants, and introducing brokers in commodities (collectively, “covered financial institutions”) to obtain and record beneficial ownership information as part of their anti-money laundering (AML) obligations under the Bank Secrecy Act (BSA). The Final Rule will become effective 60 days after its publication today…

Government Contracts Legal Forum

Seven Anti-Corruption Practices For Defense Contractors

By Kelly T. Currie

June 13, 2013

Transparency International issued a new report, Raising the bar: Good anti-corruption practices in defence companies, that identifies seven anti-corruption practices for defense contractors that are critical for promoting an ethical culture and reducing global corruption risks.…

Kelly T. Currie

No Reasonable Suspicion Required for Forensic Searches of Electronic Devices at the Border

Searches of Electronic Devices at the Border Increase Nearly 60 Percent; DHS Issues Updated Border Search Policy

DOJ Creates Presumption of Corporate Declination in FCPA Cases

D.C. Circuit Affirms Dismissal of Challenge to FinCEN Section 311 ‘Finding of Primary Money Laundering Concern’ for Banca Privada d’Andorra

District Court Upholds FinCEN Rule Imposing Special Measures on Tanzanian Bank FBME

Implementation of FinCEN Rule Imposing Special Measures on FBME Bank Again Delayed

Importance of Disclosures and Cooperation During and After Internal Investigations

FinCEN’s Final Rule on Beneficial Ownership and the Administration’s New Initiatives on Financial Transparency: What You Need to Know

Seven Anti-Corruption Practices For Defense Contractors

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