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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 🡢

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DOJ Refines Guidance on Effective Corporate Compliance

The U.S. Department of Justice has updated its guidance on corporate compliance programs. 

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Coronavirus Stimulus, Lessons and Predictions from TARP Insiders

In 2008, Congress passed the Troubled Asset Relief Program (TARP), which awarded approximately $700 billion in stimulus funds to companies reeling from one of the greatest financial crises to strike the U.S. 

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Flag Column

CFTC Enforcement Publishes Guidance on Civil Monetary Penalty Determinations

The CFTC Division of Enforcement (Division) of the U.S. Commodity Futures Trading Commission (CFTC) issued new guidance (Guidance) on May 20, 2020, that reflects the considerations of the Division when recommending civil monetary penalties (CMPs) to the CFTC in enforcement actions. 

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Tax paperwork

New SBA Safe Harbor Leaves ‘Necessity’ Ambiguity in PPP Loans

A new $2 million SBA safe harbor for PPP loans appears to create a wide umbrella that substantially reduces the risk that adverse consequences will rain down and soak companies with loans in this category. 

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Medical Healthcare Science

Prosecutions Related to Coronavirus Stimulus Begin

As this blog has previously noted, the Coronavirus pandemic, like other crises before it, is likely to increase prosecutions for fraud, particularly under the Payment Protection Program ("PPP") created by the federal government's Coronavirus stimulus packages.  

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Pen with business report on financial advisor desk. Concept of business planning , accounting.

Navigating ‘Necessity’ Under the Paycheck Protection Program

Companies seeking PPP loans must concurrently navigate the potential minefield of public scrutiny and government enforcement, requiring a heightened level of planning and procedures. 

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Medical patient receiving an X-Ray.

DOJ Now Publishing Names of Active Compliance Monitors

On April 14, 2020, the U.S.

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Government

Covid-19 Alters Business-as-Usual for DOJ Investigations

The U.S Department of Justice recently asked Congress to grant it emergency powers as the coronavirus outbreak begins to affect the timing of court proceedings and DOJ's ability to conduct investigations. 

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Education

Four “Day One” Guideposts to High-Integrity Results in Higher Ed Investigations

When administrators of colleges and universities first learn of misconduct, abuse, or neglect allegations within their communities—especially those involving wrongdoing committed by beloved mentors or authority figures within the institution—it is critical that the institution react swiftly and thoughtfully by conducting appropriately-scaled, rigorous, and credible investigations.  

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There Is No Social Distance in Supply Chains Tainted by Forced Labor

Authored by T. Markus Funk, Hon. Virginia M. Kendall of the U.S. District Court for the Northern District of Illinois. 

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Medical Healthcare Science

Coronavirus Puts DOJ on Heightened Alert for Potential Fraud

In this time of supreme uncertainty, companies have many urgent concerns. 

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Pen with business report on financial advisor desk. Concept of business planning , accounting.

The Hidden Magic of Mandatory Crime Reporting Laws

Attorneys counseling companies on white collar matters are likely to have discovered crimes such as theft, bribery, and embezzlement committed by current and former employees, as well as by competitors. 

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Corporate Boardroom

CFTC, Market Regulators Forecast Aggressive Enforcement Trends, High Bar for Cooperation

The CFTC filed a record number of enforcement actions in 2019 against market participants, the majority of which involved commodities fraud, market manipulation, and spoofing.  

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DSIO and NFA Share Views on Evolving Swap Dealer Oversight

The U.S.

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Government

First Circuit Considers a Spouse’s “Duty of Trust” to a Corporate Insider

In a recent decision showing how courts evaluate insider trading in the marital context, the First Circuit Court of Appeals affirmed a Massachusetts real estate investor's conviction on insider trading securities fraud and related conspiracy offenses arising from his role in passing information he learned from his corpora

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