White Collar Briefly
white marble columns

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. 
Gavel on desk in courtroom
October 28, 2025

Second Circuit Adds to Circuit Split on Forfeiting Property Defendants Never Actually Acquired

Can a court order a criminal defendant to forfeit property the defendant never actually obtained? 

 View blog post
NFT
August 13, 2025

Second Circuit Narrows Scope of Federal Criminal Fraud Statute in NFT “Insider Trading” Case

Key Takeaways

 View blog post
bank
August 7, 2025

Second Circuit Reverses Wire Fraud Conviction After Supreme Court’s Ciminelli Ruling: Key Takeaways on the Right-to-Control and Misappropriation Theories of Fraud

This month marked a significant development in the wake of the Supreme Court’s 2023 rejection of the “right-to-control” theory of fraud in Ciminelli v. United States. 

 View blog post
Supreme Court
June 23, 2025

DOJ’s FCPA Guidance Protects US Companies, Fights Foreign Bribery

 The Department of Justice’s updated guidelines for investigations and enforcement under the Foreign Corrupt Practices Act put to rest notions that the law will lie dormant for the foreseeable future. View blog post
metal justice statue with sky in background in Frankfurt am Main, Germany
June 11, 2025

FCPA Is Here to Stay: DOJ Reaffirms Commitment to Enforce FCPA

 On June 9, 2025, the U.S. Department of Justice (DOJ) unveiled new guidelines for enforcing the Foreign Corrupt Practices Act (FCPA), marking a pivotal shift in how corruption cases are pursued. View blog post
World Cybersecurity
June 10, 2025

European Response to DOJ’s Changes in FCPA Enforcement

In recent months, the U.S. Department of Justice (DOJ) has hit “pause” on enforcement of the Foreign Corrupt Practices Act (FCPA) and reoriented its other enforcement priorities away from investigating and prosecuting corporate bribery of U.S. companies. 

 View blog post
Gavel Court Judge
May 30, 2025

Supreme Court Upholds Fraudulent Inducement Theory of Wire Fraud

 On May 22, 2025, the Supreme Court of the United States affirmed prosecutors’ ability to pursue mail and wire fraud charges under the “fraudulent inducement” theory. Under that theory, a defendant need not intend to cause economic harm. View blog post
metal justice statue with sky in background in Frankfurt am Main, Germany
May 27, 2025

Voluntary Disclosure Policy – Look for Test Cases

 The Criminal Division’s recent changes to its Corporate Enforcement and Voluntary Disclosure Policy represent a significant change in approach, at least on paper.  View blog post
Corporate Building
May 15, 2025

DOJ Signals Renewed Prioritization of Corporate Enforcement with New Policies Regarding Voluntary Disclosure, Monitors, & Whistleblowers

 On May 12, 2025, Matthew R. Galeotti, the head of the DOJ’s Criminal Division, gave a speech at SIFMA’s Money Laundering and Financial Crimes Conference that previewed subsequently issued policy changes impacting the Criminal Division. View blog post
Court Gavel
April 14, 2025

First Circuit Imposes Higher “But-for” Causation Standard for False Claims Act Liability Based on Alleged Anti-Kickback Statute Violations, Widening Circuit Split

 On February 18, 2025, the U.S. Court of Appeals for the First Circuit added its voice to a growing chorus of appellate courts to elevate the standard of proof required to show a violation of the federal False Claims Act in connection with an alleged violation of the federal Anti-Kickback Statute. View blog post
Pillars of a courthouse
April 1, 2025

DOJ Launches Deregulation Task Force

On March 27, the Antitrust Division of the U.S. Department of Justice launched the Anticompetitive Regulations Task Force to review and advocate for the elimination of anticompetitive state and federal laws and regulations. 

 View blog post
Government
March 31, 2025

Leveling the Playing Field? Developing Discovery Strategies in CFTC Civil Enforcement Actions

 The Commodity Futures Trading Commission’s Division of Enforcement wields immense power in civil enforcement actions. It often seeks financial sanctions, including hefty financial penalties, and injunctive relief that can strip individuals of their professional licenses and bar them from trading in the derivatives markets. It also enjoys information-gathering advantages: it can issue subpoenas, hold proffers, pay whistleblowers for assistance, and bolster its own investigative powers by working with other agencies. View blog post
stack of books
March 3, 2025

Corporate Transparency Act: Treasury Announces No Enforcement for Reporting Failures by U.S. Citizens and Domestic Reporting Companies and Further Rulemaking to Limit Application to Foreign Companies

Last week, we reported that the Financial Crimes Enforcement Network (FinCEN) reinstated the Corporate Transparency Act’s (CTA) beneficial ownership information (BOI) reporting requirements, with a new deadline for most companies to file their CTA BOI reports of March 21, 2025. View blog post
Corporate office
February 20, 2025

Corporate Transparency Act: FinCEN Reinstates Reporting Requirements with March 21 Deadline

 Earlier this week, the Financial Crimes Enforcement Network (FinCEN) issued a new notice confirming that the Corporate Transparency Act’s (CTA) beneficial ownership information (BOI) reporting requirements are back in effect. View blog post
Pillars of a courthouse
January 29, 2025

SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes

 On December 9, 2024, the Supreme Court of the United States heard oral argument in Kousisis v. United States. View blog post
© 2025 Perkins Coie LLP