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.
DOJ Announces Sweeping Policy Updates Targeting Corporate Criminal Enforcement and Individual Accountability
On September 15, 2022, Deputy Attorney General (DAG) Lisa Monaco, announced several significant policy updates impacting the U.S. Department of Justice's (DOJ) enforcement practices for both corporations and individuals.
DOJ Secures Spoofing Conviction, but Loses on Novel RICO Charges
The DOJ recently garnered a win in its spoofing case against two precious metals traders who prosecutors alleged had engaged in widespread market manipulation and fraud through a practice known as "spoofing."
Court Holds Oral Downloads of Witness Interviews Waive Corporate Privilege
In a criminal case against two former officers of Cognizant Technology Solutions Corp.
U.S. Treasury Renews Focus on AML Risks for Investment Advisors
Glencore Resolves Charges of Global Corruption and Market Manipulation
As Russia Sanctions Mount, FinCEN Issues Advisory on Kleptocracy and Foreign Public Corruption
Internal Investigations: Law on Work Product & Attorney-Client Privilege
Following up on a recent Public Chatter blog in a series about internal investigations, note that Federal Rule of Evidence 502(g) states:
New DOJ Guidelines Regarding FOIA Create Presumption of Openness
Background on the Guidelines and FOIA On March 15, 2022, the United States Department of Justice ("DOJ") released new guidelines favoring the disclosure of federal agency records under the Freedom of Information Act ("FOIA").
DOJ Foreshadows Increased Prosecutions of Corporate Crime
Seventh Circuit Holds Objective Scienter Standard Applies to FCA
U.S. Supreme Court Rejects Argument That Defendant “Opened the Door” to Evidence That Violated Confrontation Clause
On January 20, 2022, the U.S. Supreme Court held in an 8-1 opinion in Hemphill v. New York that Darrell Hemphill did not "open the door" to the admission of out-of-court third-party testimony by making it "arguably relevant to his theory of defense."
SEC Awards Over $17 Million to Whistleblowers in the First Two Weeks of 2022
Fiscal Year (FY) 2021 was a record-breaking year for the U.S. Securities and Exchange Commission's (SEC's) Office of the Whistleblower.
FTC Issues Policy Statement Aimed at Increasing Criminal Referrals for Corporations & Executives
The Federal Trade Commission (FTC) recently issued a new policy statement expanding its criminal referral policy.
Co-Founder of Crypto Mining Firm Prevails in Jury Verdict Based on Interpretation of Unique Securities Fraud Instruction
In Audet v. Fraser, an unusual case where federal jurors in a class action lawsuit considered whether digital assets known as "Hashlets" constitute securities, the District of Connecticut jury found that the Hashlets were not securities, a nd therefore the defendant was not liable for securities fraud.
Consumer Protection Regulator Signals Increased Scrutiny of Payments Systems and Tech Companies
Through a series of recent public comments, top leadership from the Consumer Financial Protection Board ("CFPB") is warning that the agency is poised to play an increasingly affirmative role in the oversight of new payments systems, including the technologies and technology companies involved.