For many reasons, international cartels cases have all but disappeared. The increased collateral effects of seeking Leniency is a major reason. There are many potential whistleblowers in the cartel pond, yet rarely does an insider come forward (The DOJ has
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DOJ Fugitive Page (And the Fugitive Disentitlement Doctrine)
Recently the Justice Department’s Antitrust Division and the FBI jointly announced the launch of a new online portal for information on international fugitives who have been charged with antitrust offenses and other crimes affecting the…
What If There Was No Per Se Rule in Criminal Cases?
The Supreme Court has now denied cert in three different challenges to the per se rule in criminal antitrust cases, the latest being the denial of the cross-cert petition by Brent Brewbaker. It is unlikely that a Court of…
Compliments to the Procurement Collusion Strike Force (and a trip down memory lane)
The Antitrust Division of the USDOJ recently celebrated the Fifth Anniversary of the Procurement Collusion Strike Force. The event, held at the Great Hall of the Department of Justice, featured speeches by Assistant Attorney…
Supreme Court Set To Make Cert Decision On Per Se Battle
On February 1, 2022, Brent Brewbaker, a former executive of Contech Engineered Solutions LLC was convicted by a jury for his participation in bid-rigging and fraud schemes targeting the North Carolina Department of Transportation (NCDOT). The conviction seemed an unremarkable…
Brewbaker Strikes Back: The DOJ’s Per Se “Death Star” Attacked
No jail sentences were imposed on individual defendants convicted in the 1940 Supreme Court case of United States v. Socony Vacuum Oil Co. The individuals were each fined $1,000. In 2014, Romano Pisciotti, an Italian citizen, was indicted…
DOJ Filed Cert Petition in United States v. Brewbaker
The Department of Justice has filed a cert petition (here) asking the Supreme Court to reverse a Fourth Circuit decision which held that a bid rigging scheme was not a per se violation…
A Modest Proposal—Antitrust Division Special Counsel for Whistleblower
There has been a series of announcements by the Department of Justice of pilot programs designed to lure “insiders” to expose crimes, particularly financial crimes. The first announcement was a new Whistleblower Pilot Program to financially reward whistleblowers in certain…
DOJ Announces New Whistleblower Incentive Pilot Program—Here’s Hoping the Antitrust Division Gets In On The Action
Deputy Assistant Attorney General Lisa O. Monaco gave the keynote speech at the recent ABA Annual White Collar Institute, and announced a new DOJ Program to incentivize individuals with knowledge of corporate financial crimes to come forward. Video here; Print…
All I Want for Christmas….
All I want for Christmas is a criminal antitrust whistleblower statute. The SEC, CFTC and other enforcement agencies charged with uncovering and prosecuting financial fraud have had another strong year thanks to their whistleblower programs. These agencies sing the praises…