On July 29, 2020, US District Judge Nathaniel M. Gorton sentenced Hercules Capital, Inc. Founder Manuel Henriquez to six months in prison for his part in the “Varsity Blues” college admissions scheme.[1] In addition to the six-month term, Judge
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DOJ ‘Taint Teams’ Pose Privilege Risks for Defendants
The following article was originally published in Law360 on July 29.
To address the issues surrounding the incidental seizure of privileged communications within a broader seizure of electronic data, the U.S. Department of Justice recently created a new Special Matters
US Export Controls and Economic Sanctions Investigations: The Perils of Parallel Proceedings (Part 4, Managing Interagency Communication)
Once multiple agencies are engaged in a US export control or sanctions enforcement action, or you’ve determined they should be, counsel should consider how to communicate with these agencies, both individually and together. Not only will such discussions provide valuable
Data Transfer Considerations in Investigations
Companies that operate in more than one jurisdiction that are either carrying out an internal investigation or are subject to a criminal or regulatory investigation by U.S. law enforcement agencies will almost certainly need to consider the legality of trans-Atlantic
FBI Assessment Notes AML Risk to Private Investment Funds from use of Standardized Due Diligence
The FBI, in a leaked intelligence bulletin, has made a high-confidence assessment on the likely use of Private Investment Funds (PIFs) by “threat actors” for money laundering. Threat actors are defined in the FBI report as financially motivated criminals
US Export Controls and Economic Sanctions Investigations: The Perils of Parallel Proceedings (Part 3, Voluntary Disclosures)
This third post in our parallel proceedings series discusses how to reconcile the conflicting requirements of making voluntary self-disclosures (VSDs) to multiple agencies. We listed the relevant agencies in our first post, all of whom may be interested in
Top Ten Changes to the DOJ/SEC FCPA Resource Guide
On July 3, the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) issued the second edition of the Resource Guide to the US Foreign Corrupt Practices Act (the 2020 Guide), the first full-scope overhaul of the Resource
Trial by Jury: Inalienable Right or Anachronistic Practice?
We live in a world where, almost overnight, “social distancing” entered both our lexicon and our way of life. The constraints associated with keeping a minimum distance with one another have caused, and will continue to cause, significant difficulty for
US Export Controls and Economic Sanctions Investigations: The Perils of Parallel Proceedings (Part 2: Investigation Strategy)
In our first post in this series, we described the different agencies that could be involved in an investigation of export controls and sanctions violations, noting that the agencies have overlapping jurisdiction but different enforcement priorities, authority, requirements, and penalties.
Higher Education Under the Prosecutorial Microscope
Institutions of Higher Education are increasingly finding themselves in the crosshairs of high-profile criminal enforcement efforts. Recent headlines have highlighted a number of investigations and prosecutions that have achieved literal celebrity status:
- The indictments and convictions of wealthy parents of