White Collar Law & Investigations

The Foley Hoag White Collar Law & Investigations blog addresses the developing regulatory environment that confronts businesses and individuals in virtually any industry.  Whether federal or state investigations, enforcement actions, changing enforcement priorities, criminal prosecutions or related civil proceedings, the White Collar Law & Investigations blog will provide regular coverage and updates that draw on the deep experience of Foley Hoag’s White Collar Crime & Government Investigations practice.

Editors’ Note: This is the fourth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed  anti-corruption trends in 2020. Up next: a look at State Attorney General trends. Look for additional posts throughout the month of January. More than halfway into the Donald Trump administration, Trump’s Department of Justice has painted a pretty clear picture of its False Claims Act (“FCA”) enforcement priorities.  Despite some…
John W.R. Murray recently authored a White Collar Crime and Government Investigations Alert about the SEC Office of Compliance Inspections and Examinations 2020 examination priorities.  They include prioritizing the interests of retail or “Main Street” investors, particularly with respect to registered investment advisers that serve retail investors, cybersecurity and digital assets. Click here to read the full alert.…
Editors’ Note: This is the third in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed healthcare fraud in 2020. Up next: a look at trends regarding the False Claims Act. Look for additional posts throughout the month of January. Introduction 2019 was a blockbuster year for FCPA enforcement. The year was marked by the largest corporate FCPA settlement amount paid to U.S. authorities in…
Editors’ Note: This is the second in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed SEC enforcement in 2020. Up next: a look at trends in anti-corruption and under the Foreign Corrupt Practices Act. Look for additional posts throughout the month of January. 2019 saw ongoing action in the healthcare space. While the government continued to prosecute claims under enforcement staples such as the Anti-Kickback…
In December, the Department of Justice (DOJ) announced the release of a new policy for business organizations regarding voluntary self-disclosures of export control and sanctions violations. The new Policy makes explicit that when a company (1) voluntarily self-discloses export control or sanctions violations to the Counterintelligence and Export Control Section (CES) of DOJ’s National Security Division (NSD), (2) fully cooperates, and (3) timely and appropriately remediates its conduct, there is now a presumption that, absent…
Editors’ Note:  This is the first in our start-of-year series examining important trends in white collar law and investigations in the coming year.  Up next:  a look at trends in health care enforcement.  Look for additional posts throughout the month of January. As we look towards the SEC Division of Enforcement’s agenda for 2020, the cases it filed in 2019, the public statements of the Commissioners and Enforcement’s senior officials, and the Division’s annual report provide useful…
John W.R. Murray and Christian Garcia recently authored a White Collar Crime and Government Investigations Alert about the annual report from the SEC’s Office of the Whistleblower, which provided details on enforcement priorities and whistleblower activity that are important for public and private companies, investment advisers and broker-dealers. Click here to read the full alert.…
Yesterday, the full House of Representatives approved H.R. 2534, otherwise known as the Insider Trading Prohibition Act.  If passed by the Senate and signed by the President, this legislation would mark an important milestone in insider trading jurisprudence.  For decades, the Securities and Exchange Commission (“SEC”) and Department of Justice (“DOJ”) have pursued insider trading violations through general anti-fraud provisions, which has resulted in extensive judge-made law and ambiguity as to when actors will be…
Yesterday, the full House of Representatives approved H.R. 2534, otherwise known as the Insider Trading Prohibition Act.  If passed by the Senate and signed by the President, this legislation would mark an important milestone in insider trading jurisprudence.  For decades, the Securities and Exchange Commission (“SEC”) and Department of Justice (“DOJ”) have pursued insider trading violations through general anti-fraud provisions, which has resulted in extensive judge-made law and ambiguity as to when actors will be…
Anthony D. Mirenda and Shrutih V. Tewarie recently authored a White Collar Crime and Government Investigations Alert about a foreign executive convicted under the Foreign Corrupt Practices Act based on evidence that he acted as an agent of a U.S. subsidiary in carrying out a bribery scheme.  The case, which has already been appealed to and remanded from the Second Circuit, raises important questions about the extraterritorial application of the FCPA. Click here to read…