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.
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.
DSIO and NFA Share Views on Evolving Swap Dealer Oversight
Crime Doesn’t Pay, But Defendants Still Left with the Bill
The U.S. Court of the Appeals for the Ninth Circuit recently held that criminal defendants who gain unlawful proceeds from certain offenses must pay back those proceeds—even when they no longer possess them.
Germany Proposes New Corporate Sanctions Act with Global Reach
The German Federal Ministry of Justice and Consumer Protection recently presented draft legislation to Parliament that could pose a marked shift in how corporate crimes are sanctioned in Germany.
DOJ Brings Novel RICO Charges Against Alleged Spoofers
The DOJ has raised the stakes in criminal spoofing enforcement, unveiling sweeping charges against three traders who allegedly conspired to manipulate the precious metals market.
DOJ Leveraging Data Analytics To Detect Fraud
The DOJ is increasingly using a "data focused approach" to identify economic crime and corporate misconduct, according to a DOJ official.
Second Circuit Affirms Broad Reading of Sec. 666 Bribery
The Supreme Court's 2016 decision in United States v. McDonnell raised questions about the constitutionality of expansive interpretations of federal bribery statutes.
UK Regulator Sets High Bar for Corporate Cooperators
Last month, the UK Serious Fraud Office ("SFO") published non-binding, internal guidance expanding on its view of corporate cooperation in prosecutions.
American Indian Tribes and “Foreign Officials” Under the FCPA
One of the many challenges companies face when assessing their Foreign Corrupt Practices Act ("FCPA") liability is determining whether a potential business partner constitutes a "foreign government official" under the FCPA.
Supreme Court Declines to Resolve Circuit Split Over Liability in Tender Offer Suits
Section 14(e) of the Securities Exchange Act prohibits deceptive conduct when making a tender offer to shareholders.
UK’s Impending “Name and Shame” for Supply Chain Forced Labor
The U.K. Modern Slavery Act of 2015 requires companies falling under its jurisdictional hook to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively "forced") labor from their supply chains.
Higher Ed: Admissions Scandal Wake Up Call
The arrests in the college admissions bribery scandal may have ushered in a new era of scrutiny by federal law enforcement.
CFTC Dips Its Toe into Anti-Corruption Space
Revisiting Agency Liability Under the FCPA Post-Hoskins
SEC’s Polycom FCPA Settlement Leaves Unanswered Questions
On December 26, 2018, the Securities and Exchange Commission ("SEC") announced a settlement with communications technology firm Polycom, Inc.