Last month, the UK Serious Fraud Office (“SFO”) published non-binding, internal guidance expanding on its view of corporate cooperation in prosecutions. The guidance marks a notable departure from the SFO’s past reluctance to clarify its expectations for corporations seeking cooperation
White Collar Briefly
Insights into Developments in White Collar Law
White Collar Briefly, published by Perkins Coie LLP, focuses on legal developments and issues related to white-collar crime and investigations. The blog covers topics such as federal mail and wire fraud statutes, fraudulent inducement theories, enforcement authority of regulatory agencies like the SEC and FERC, whistleblower and self-disclosure programs, securities fraud rulings, and compliance with environmental, social, and governance (ESG) regulations. It provides analysis of significant court decisions, regulatory changes, and government enforcement trends affecting corporate and individual liability in white-collar criminal law and regulatory investigations.
Latest from White Collar Briefly - Page 12
American Indian Tribes and “Foreign Officials” Under the FCPA
One of the many challenges companies face when assessing their Foreign Corrupt Practices Act (“FCPA”) liability is determining whether a potential business partner constitutes a “foreign government official” under the FCPA. From a definitional perspective, the FCPA is far from…
SCOTUS Considers Challenge to DOJ’s “Bridgegate” Theory
By Perkins Coie
The Supreme Court recently granted certiorari in a criminal case arising from a fraudulent scheme to cause massive gridlock at the George Washington Bridge in September 2013—otherwise known as the “Bridgegate” scandal. Bridget Anne Kelly, a staffer in then-Governor Chris…
Highlights from Transnational Crime Conference: Expanding Anti-Corruption Enforcement & Cross-Border Cooperation
By Perkins Coie
Last month, attorneys from around the world descended upon Buenos Aires to tango with criminal justice and anti-corruption experts at the International Bar Association’s 22nd Annual Transnational Crime Conference. Conference highlights included remarks from distinguished members of the Argentine government,…
Corporate Execs Indicted in First-Ever “Failure to Report” Consumer Safety Case
In March 2019, the U.S. Department of Justice (DOJ) brought its “first-ever” criminal prosecution against two corporate executives under the Consumer Product Safety Act’s (CPSA) “failure to report” provision. The two defendants, Simon Chu and Charley Loh, also…
Cooperation Credit Under New DOJ False Claims Act Guidance
By Perkins Coie & Perkins Coie
On May 7, 2019, the Department of Justice (DOJ) released long awaited guidance on how it will evaluate and credit cooperation in False Claims Act (FCA) cases. The new guidelines, codified in DOJ’s Justice Manual, is the department’s latest attempt…
Supreme Court Declines to Resolve Circuit Split Over Liability in Tender Offer Suits
Section 14(e) of the Securities Exchange Act prohibits deceptive conduct when making a tender offer to shareholders. Recently, in Emulex Corp. v. Varjabedian, the United States Supreme Court declined to resolve a split among the circuit courts about what…
The Romaine Risk—Highlights from the 2019 ACI “Food Law” Summit
Imported food contaminants, potential criminal liability for allergen-related deaths, and a growing demand for hemp seed and cannabidiol (CBD) products amidst regulatory uncertainty were all topics of discussion at this year’s American Conference Institute (ACI) Advanced Summit on Food Law…
DOJ Abandons “Secondary” Spoofing Case
After software developer Jitesh Thakkar’s criminal trial on “spoofing”-related charges ended in a mistrial two weeks ago, the Government determined it will not seek to retry the case. Thakkar was originally charged with conspiracy to commit spoofing and with two…
Novel Spoofing Case Against Software Developer Ends in Mistrial
Following a week of trial proceedings in the case of defendant Jittesh Thakkar—a software programmer indicted in February 2018 on conspiracy and aiding and abetting charges related to a spoof trading scheme—the government’s case against Thakkar ended in a…