A recent ruling from a federal district judge in Texas has called into question the finality of deferred prosecution agreements. Deferred prosecution agreements are negotiated and entered into by the government and criminal defendants (typically corporations) and allow the defendant
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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Companies Should Beware of Employees Texting Business Communications
Text messaging is convenient. It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages. It’s no wonder that text…
DOJ Updates Policies on Corporate Ethics and Compliance
Last week, Deputy Attorney General Lisa O. Monaco delivered remarks on corporate criminal enforcement, announcing revisions to DOJ’s policies for addressing corporate ethics and compliance matters. These changes reflect an increased focus on holding individuals accountable for corporate wrongdoing, guidance…
DOJ Announces Increased Focus on Digital Asset Crime with Newly Formed Digital Asset Coordinator Network
By Lynn Neils
On Friday, September 16, 2022, the Department of Justice (“DOJ”) announced a formalized focus on digital asset abuse by publically releasing a 46 page report on the Role of Law Enforcement in Detecting, Investigating, and Prosecuting Criminal Activity Related to…
In Deciding Tortious Aiding and Abetting Claims, MA Federal Court Finds Routine Provision of Banking Services May Amount to Substantial Assistance When a Strong Inference of Actual Knowledge Exists
New York Federal Prosecutors Indict Defendant in Connection with NFT Insider-Trading Scheme
Federal prosecutors from the Southern District of New York recently charged Nathan Chastain with wire fraud and money laundering in connection with a purported scheme to illegally profit from sales and purchases of Non-Fungible Tokens (“NFTs”).[1] This landmark…
Supreme Court Preview: The Supreme Court Poised to Address Key Federal Wire Fraud Issue
By John Marston
In the 2022-2023 term, the Supreme Court will address the definition of “property” under the federal wire fraud statute, which prohibits a person from “obtaining money or property by means of false pretenses.” 18 U.S.C. § 1343. The definition of…
Second Circuit Affirms FCPA Acquittal of Former Alstom Executive
By John Murray
Key Takeaways:
- The Second Circuit held that Hoskins, a foreign national, had not acted as an “agent for a domestic concern” and therefore fell outside of the jurisdictional reach of the Foreign Corrupt Practices Act (“FCPA”).
- The ruling will make
…
First Circuit Narrows Whistleblower Protections of Sarbanes-Oxley
On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential violations of the Foreign…
NY Department of Financial Services Slaps $30 Million Fine on Robinhood’s Crypto Platform for Lax Anti-Money Laundering Controls
On August 1, 2022, the New York Department of Financial Services (“DFS” or the “Department”) secured its first enforcement win against a cryptocurrency platform, Robinhood’s crypto trading arm Robinhood Crypto, LLC.
Robinhood Crypto is a wholly-owned subsidiary of Robinhood Markets,…