White Collar Briefly
White Collar Briefly
Drawing from breaking news, ever changing government priorities, and significant judicial decisions, this blog from Perkins Coie’s White Collar and Investigations group highlights key considerations and offers practical insights aimed to guide corporate stakeholders and counselors through an evolving regulatory environment. Subscribe 🡢
![Supreme Court Outside](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Supreme_Court_Outside.jpg?itok=PwLhwkvy)
Supreme Court Poised to Address Fraudulent Inducement Theory of Mail and Wire Fraud in 2024-25 Term
White-collar criminal prosecutions frequently involve charges under the federal mail and wire fraud statutes. Those statutes criminalize using the mail system or interstate wires for "any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises." 18 U.S.C.
![Image of Utilities](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-07/Utilities%20%28Primary%29_HD%20720p.jpg?itok=L9k8XGwJ)
FERC Enforcement Authority After SCOTUS Jarkesy Decision
On June 27, 2024, in SEC v. Jarkesy, the Supreme Court of the United States held that the Seventh Amendment entitles a respondent to a Securities and Exchange Commission securities fraud action seeking civil monetary penalties to a jury trial.
![Supreme Court](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Supreme_Court_2.jpg?itok=p94yZdnd)
Navigating the DOJ's New Whistleblower and Self-Disclosure Programs
The U.S. Department of Justice's new Whistleblower Rewards Program and its Pilot Program on Voluntary Self-Disclosures for Individuals will reshape the factors companies consider when investigating and disclosing any corporate or financial issue that may fall within DOJ's purview.
![Financial Services & Investments](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-07/Financial%20Services%20%26%20Investments.jpg?itok=m_7EdaZU)
Supreme Court Securities Fraud Ruling Further Limits SEC's Enforcement Authority, With Rippling Effects on the Administrative State To Come
In a 6-3 decision in SEC v. Jarkesy, the Supreme Court of the United States ruled that respondents to a U.S. Securities and Exchange Commission in-house enforcement action alleging securities fraud and seeking civil penalties have a right to a federal jury trial under the Seventh Amendment.
![Corporate Building](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-07/Corporate%20Building.jpg?itok=6gd_3sJo)
Key Climate Reporting, Supply Chain, and Corporate Social Responsibility Issues
Perkins Coie partners Chelsea Curfman, Kevin Feldis, Allison Handy, and Michael House provided an in-depth review of key environmental, social, and governance and corporate social responsibility considerations for companies operating in the United States. These include the U.S.
![People sitting in front of a laptop](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Labor%20and%20Employment_Laptops.jpg?itok=fCPS6n7J)
First-Ever Declination Under DOJ National Security Corporate Enforcement Policy
![Buildings London](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Buildings%20London.jpg?itok=j7orNEsB)
The Corporate Transparency Act: A Primer for In-House Counsel
Perkins Coie Partner Jamie Schafer and Senior Counsel Jim Vivenzio provide an overview of key provisions of the Corporate Transparency Act, including the "beneficial ownership" reporting requirements, timeframes for filing and reporting logistics, and liability considerations for companies and senior officers.
![View of office building at night](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/view%20of%20an%20office%20building%20at%20night.jpg?itok=03LMSy1F)
Whistle While You Work: DOJ Announces Whistleblower Rewards Program
During a keynote speech on March 7, 2024 at the American Bar Association's National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced that the Department of Justice (DOJ) will launch a pilot program offering financial incentives for
![Pen with business report on financial advisor desk. Concept of business planning , accounting.](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/OfficeDesk.jpg?itok=Nulc0SPF)
Key Takeaways from SAP’s FCPA Resolutions with DOJ and SEC
On January 10, 2024, the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) announced settlements with SAP SE (SAP), a German software company, to resolve allegations that SAP violated the U.S.
![Tax paperwork](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Tax%20Paperwork.jpg?itok=nopYhO3u)
The U.S. Department of Treasury, Financial Crimes Enforcement Network Proposes New and Expansive Anti-Money Laundering Rules For Investment Advisers
The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) has proposed new rules that would require anti-money laundering/countering the financing of terrorism (AML/CFT) programs for investment advisers.
![Gavel Court Judge](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Gavel%20Court%20Judge.jpg?itok=cGz1eiFx)
Shadow Trading: With Trial Looming in SEC v. Panuwat, the SEC’s Latest Insider Trading Theory Takes Further Shape
On November 20, 2023, a federal district court in the Northern District of California declined to grant summary judgment to the defendant in SEC v. Panuwat, the first-ever enforcement action by the U.S.
![scales](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-07/scales.jpg?itok=X0-qKU_n)
U.S. Congress Passes FEPA To Address the “Demand-Side” of Bribery
On December 14, 2023, the U.S. Congress passed the Foreign Extortion Prevention Act ("FEPA"), one of the most important expansions of anti-corruption law in recent years and a key to expanding "demand-side" corruption enforcement.
![image of the road cutting through the forest](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Forest%20Products.jpg?itok=DVxdodaM)
Disclosing Emerging Risks Top of Mind for the SEC
At the recent 2023 Garrett Securities Law Institute Conference SEC panelists, including Erik Gerding, Director of the Division of Corporation Finance, reinforced how important it is for companies to assess emerging risks for materiality—particularly those risks stemming from Environmental, Social and Governance (ESG) issues and cybersecurity issues—and to ensure that those risks are appropriate
![Supreme Court Outside](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Supreme_Court_Outside.jpg?itok=PwLhwkvy)
Supreme Court to Decide the Limits of the Government’s Forfeiture Power
The Supreme Court of the United States has agreed to review an apparent circuit split over how long after a criminal conviction the United States can forfeit a criminal defendant's property.
![Pillars of a courthouse](/sites/default/files/styles/widescreen_16x9_460x259_1x/public/2024-08/Court_Pillars.jpg?itok=RoFQwkkM)
2023 Amendments to Federal Sentencing Guidelines Now in Effect
On November 1, 2023, significant amendments to the Federal Sentencing Guidelines went into effect after Congress took no action to veto the proposed amendments, which were adopted by the U.S. Sentencing Commission earlier this spring.