Next week marks the 40th anniversary of the Foreign Corrupt Practices Act – it became effective December 19, 1977. Deputy Attorney General Rod Rosenstein marked the occasion this month by providing an update on the FCPA Pilot Program announced in spring 2016 and detailed in this Compliance Gap blogpost. Bottom line: the FCPA policy now provides for a presumed declination of prosecution for companies that complete a fulsome self-disclosure disgorgement, and remediation program. Continue Reading FCPA in the Trump DOJ: Continuing Down the Same Path, with a Little More Heft
Aviva Gilbert represents both companies and individuals who need counsel when interacting with the criminal justice system, whether at the state or federal level. She helps shepherd clients through all stages of criminal cases, prepares them for interviews and negotiates outcomes that are favorable to them.
Ramapo, New York Town Supervisor Christopher St. Lawrence heads to trial this week on federal securities fraud charges. St. Lawrence is one of two city officials charged in the case; his codefendant N. Aaron Troodler pleaded guilty earlier last month. The SDNY U.S. Attorney’s Office promoted the Troodler conviction as the first time municipal bond fraud has been successfully prosecuted under federal securities laws. The St. Lawrence trial is expected to draw lots of attention; St. Lawrence is an elected official who has spent nearly two decades at the helm of his town. Continue Reading Municipal Bond Securities Fraud Case Heads to Trial
The DOJ has recently showed some new muscle by applying anti-kickback laws to care facility owners rather than drug manufacturers. Continue Reading Kickback Prosecutions Expanding Beyond Drugs and Devices to Care Networks
When the Volkswagen emissions scandal hit the press last year, we wondered which agency would manage the subsequent investigations. We are still waiting on the car company’s plan to remedy the emissions testing software and waiting to see if criminal charges will be filed—and if so, who specifically will be in the DOJ’s criminal crosshairs (DOJ filed a mammoth civil suit in January). The DOJ isn’t the only agency stepping up enforcement in the emissions space, however. This past week the SEC got in the emissions game on the security side, charging Navistar International with misleading investors in connection with their truck engine emissions. Continue Reading SEC Spotlight Hits Emissions Issues
The Department of Justice’s white collar and fraud sections have been focused on domestic issues as of late, and Foreign Corrupt Practices Act (FCPA) prosecutions fell out of the limelight. Lest any corporation or defense counsel get too comfortable in that assumption, however, the DOJ issued a new guidance memo circling back to the FCPA and announcing a number of changes that signal a renewed focus on FCPA violations – and an increased focus on settlement. Continue Reading DOJ Amping Up FCPA Prosecution Efforts While Offering New Cooperation Benefits