The U.S. Supreme Court, in a 5–to-3 decision, has ruled that federal law enforcement may not freeze an accused’s assets needed to pay criminal defense lawyers if the assets are not linked to a crime. Luis v. United States,
Corporate Governance & Internal Investigations Advisor
The Corporate Governance & Internal Investigations Advisor, published by Jackson Lewis P.C., focuses on issues related to corporate governance, internal investigations, and compliance within organizations. The blog covers topics such as whistleblower protection laws, best practices for conducting workplace investigations, Department of Justice enforcement trends, and strategies for managing misconduct and ethical risks. It also addresses the role of whistleblowers in promoting transparency and accountability, legal updates on employment and labor law, and guidance on maintaining effective internal controls and corporate policies. The content is aimed at attorneys, HR professionals, and corporate boards seeking to navigate regulatory requirements and mitigate legal risks associated with governance and investigations.
Latest from Corporate Governance & Internal Investigations Advisor - Page 10
False Claims Act Particularity Standard Still Unclear But New York & New Jersey Cases Provide Additional Guidance
We are seeing a growing number of False Claims Act (“FCA”), 31 U.S.C. §§ 3729 – 3733 cases where defendants test the sufficiency of relators’ pleadings, which is the heightened pleading standard under Rule 9(b). Rule 9(b) acts as a…
“Put Up or Shut Up:” The Third Circuit Denies Former Tyco Employee’s SOX Whistleblower Claim
There have been a series of legal battles since 2009 between Tyco Electronics Corp. and its former accounts payable manager, Jeffrey Wiest, fired for sexually harassing and engaging in inappropriate sexual relations with several female subordinates. In the latest skirmish,…
Department of Justice’s Asset Forfeiture Program Takes Huge Hit as Congress Eliminates Funding
The Department of Justice is suspending a program allowing local police departments to keep a large portion of assets seized under federal law, the Department announced December 21.
This “equitable sharing” program has allowed liquidated assets seized in asset forfeiture…
Greater Emphasis On Corporate Compliance Programs
Early in 2015, the FBI launched a new program aimed at routing out foreign bribery in which it established three dedicated international corruption squads, based in New York City, Los Angeles, and Washington, D.C. The FBI reported that members of…
Justice Department Announces Recovery Of Over $3.5 Billion From False Claims Act Cases In Fiscal Year 2015
The Justice Department announced that it secured over $3.5 billion in settlements and judgments from civil cases involving fraud against the government in the fiscal year ending September 30, 2015 (“FY2015”). This is the fourth year in a row that…
Supreme Court to Decide Whether Government can Freeze a Defendant’s Lawful Assets Pre-Conviction
Whether the government can freeze all of a defendant’s assets before trial, even where those assets are not tainted by any connection to alleged federal offenses, thereby preventing a defendant from paying for his own defense, will be decided by…
Court to Rehear Whether Government May Compel Disclosure of Cell Phone Location Information Without a Warrant
During a cellphone call, the cellphone interacts with its mobile carrier, allowing the carrier to track that phone’s approximate location, also known as cell-site location information or “CSLI.” CSLI is saved on the carrier’s computer system. Prosecutors can obtain this…
California Federal Court Adds to Debate over Scope of Dodd-Frank Act Anti-Retaliation Protection
In a decision perhaps overshadowed by the Second Circuit’s subsequent decision in Berman v. Neo@Ogilvy LLC, 14-4626 (2d Cir. Sept. 10, 2015) two days later, a district court in California has added to the growing split among federal courts on…
Department of Justice now needs a warrant to search cell phones with Stingray devices … with some exceptions
Sensitive employer information may be the subject of secret Government prying. With the pervasive use of smart phones in business today, and with those phones containing confidential personal and business information, law enforcement has the ability to take information from…