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.

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  In its proposed budget for 2021, the White House called for the Public Company Accounting Oversight Board’s (“PCAOB”) “functions and responsibilities” to be consolidated into the SEC.  According to the administration, having the SEC absorb the PCAOB’s functions will clarify existing ambiguity and duplication among the two regulators, and promote “constraint” over the fees the PCAOB charges to public companies and broker-dealers to fund the PCAOB.  While the SEC currently oversees the PCAOB,…
This is the seventh and last post in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed sanctions and export controls trends in 2020. We look forward to keep you apprised of developments in all of these areas in the year ahead. In 2019 we saw the conclusion of a nationally-significant grand jury matter in the Mueller investigation, and the beginning of an even…
This is the sixth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed enforcement by the Massachusetts Attorney General’s Office in 2020. Up next, our final entry in the 2020 preview series: a white-collar look at the Mueller investigation and the impeachment inquiry. Look for additional posts throughout the month of January. Export controls and sanctions were a whirlwind of activity in 2019, and…
Editors’ Note: This is the fifth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed False Claims Act trends in 2020. Up next:  a look at the year ahead in cross-border compliance and sanctions. Look for additional posts throughout the month of January. 2019 marked the beginning of Maura Healey’s second term as Massachusetts Attorney General. So far, this term has seen…
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…