A man convicted in the 2008 bombing of a San Diego courthouse has had his prison sentence reduced from almost 34 years to 30. The decision followed the Ninth Circuit remanding the case back to a California federal judge for resentencing as a result of a minor procedural error. The sentencing revision came after a…
In recent developments, the Department of Justice (DOJ) has made notable policy changes to incentivize corporations to voluntarily self-disclose potential misconduct. Referring to the policy alternations as utilizing both “carrots” and “sticks”, the DOJ aims to strike a balance to ensure corporate culpability and accountability. The changes underpin the fact that late disclosure is considered…
The UK government is making strides toward the introduction of a new corporate criminal offence contained in the Economic Crime and Corporate Transparency Bill. This legislation proposes to impose criminal liability on corporations for offences related to fraud or money laundering. The criminal liability occurs when such offences are committed by associated persons, and the…
As the landscape of antitrust law continues to evolve, there is anticipation about potential changes to the sentencing guidelines for antitrust defendants. The Antitrust Division’s long-held belief is that “individual criminal sanctions, including prison sentences, are the single most effective deterrent to antitrust crimes.” Notably, though, the Division’s sentencing recommendations hinge on an “individualized assessment”….
With the advent of the new M&A Safe Harbor policy, the US Department of Justice (DOJ) is throwing a lifeline to corporations facing the daunting question: to self-report or not to self-report discovered criminal conduct within the company. In a corporate world where image is everything, the margin between success and failure can get remarkably…
U.S. Deputy Attorney General Lisa Monaco recently made an announcement that will significantly impact the way corporations approach merger and acquisition (M&A) transactions. The Department of Justice (DOJ) is introducing a new safe harbor policy, designed to motivate corporations to voluntarily disclose any criminal misconduct discovered during M&A transactions. This policy could have far-reaching implications…
On July 26, the Attorney General for the District of Columbia and Potomac Electric Power Company (Pepco) agreed to a First Amendment to Consent Decree, altering their approach to hazardous substance enforcement along the Anacostia River in Washington D.C. This follows allegations of hazardous materials released into the local environment by the electric company. The…
A former contractor for the Internal Revenue Service, Charles Littlejohn, has entered a guilty plea to charges of stealing confidential tax return data. The stolen data includes information about former President Donald Trump and several other wealthy Americans. According to court findings, Littlejohn leaked this sensitive material to two different media outlets. The disclosure did…
Investigations into internal activities within nonprofit organizations have become a key governance topic. As members of the _EO Radio Show – Your Nonprofit Legal Resource_ recently discussed, it’s essential for leadership in these organizations, particularly board members, to understand their responsibilities regarding such investigations. Attorney Cynthia Rowland was joined by Aviva Gilbert, a partner at…
Ohio Congressman Jim Jordan recently experienced a challenging day as he was bested in the House Speaker race by a candidate who once described himself as “David Duke without the baggage”. This setback was compounded by blunt criticism from Fulton County District Attorney Fani Willis. This is not the first time Jordan has been on…
In a recent development, an appeal from Wall Street Journal reporter, Evan Gershkovich, who has been held for over six months on espionage allegations, has been dismissed by a Russian court. This decision implies Gershkovich will remain in pre-trial detention. As reported by Russian state-affiliated news outlet TASS, the court examined the appeal against the…
The US Court of Appeals for the Ninth Circuit has issued an order granting a rehearing for the abortion case United States of America v. State of Idaho. This action, in effect, postpones the enforcement of Section 18-622 of Idaho law, which criminalizes those who perform or attempt to perform an abortion unless carrying the…
The Conseil d’Etat, France’s highest administrative court, dismissed a class action lawsuit Wednesday against the French government for alleged racial profiling practices amongst French police in identity checks against people of African and Arab origins. You can read more here. The Council of State defended its dismissal, stating that the administrative court has no authority…
In a significant development, US Deputy Attorney General, Lisa Monaco, announced a new ‘Safe Harbor Policy’ at the Society of Corporate Compliance and Ethics’ Compliance & Ethics Institute in Chicago on October 4, 2023. Learn more here Monaco used the opportunity to inform attendees about the policy, which focuses on voluntary self-disclosures in the context…
On Tuesday, a Delhi official approved the prosecution of Booker prize-winning author, Arundhati Roy, on charges of sedition, confirming reports on the topic. Alongside Roy, three co-defendants have also been indicted: the late Syed Abdul Rahman Geelani, a previous lecturer at Delhi University, the late Kashmiri separatist leader Sayed Ali Shah Geelani, and Sheikh Showkat…
UK Home Secretary Suella Braverman has recently ordered that UK police enhance scrutiny on displays of support for Palestine amidst the escalating Hamas attack on Israel. Braverman sent a letter to the Chief Constables in England and Wales, reminding them that the UK government has designated Hamas as a terrorist group. Consequently, under UK law,…
As the use of digital assets becomes increasingly prevalent in the corporate world, there are complex legal issues arising that go beyond the usual considerations. One such matter gaining substantial attention lately is the deductibility of losses incurred through digital asset theft. It appears that whether a corporate entity can claim a tax deduction related…
In 2021, the U.S regulatory landscape saw the introductions of the Corporate Transparency Act (CTA), enacted as part of the Anti-Money Laundering Act within the expansive National Defense Authorization Act. The CTA was primarily designed to combat illicit financial activities such as tax evasion and money laundering. This move will have corporations and foreign entities…
The month of September 2023 saw an increase in enforcement actions in the sphere of international trade, particularly concerning Iran. Notably, the Office of Foreign Assets Control (OFAC) announced settlements with two prominent entities, 3M and Emigrant Bank, both accused of contravening the Iranian Transactions and Sanctions Regulations (ITSR). In addition to corporate indictments, individuals…
In a recent and significant development, Deputy Attorney General Lisa O. Monaco announced a Department of Justice-wide safe harbor policy for voluntary self-disclosures connected with mergers and acquisitions on October 4, 2023. As a result of her remarks during the Society of Corporate Compliance and Ethics’ 22nd Annual Compliance and Ethics Institute, it has become…
The German lawyer, Hanno Berger, widely recognized as the central figure behind the Cum-Ex tax scandal, recently lost his appeal against his conviction. The scheme that he masterminded robbed billions of euros from government coffers and drew in a number of Wall Street’s major banks. The appeal was brought before the Federal Court of Justice,…
Mitchell Wasek, an SMU Dedman School of Law student and son of Buc-ee’s co-founder Don Wasek, has been arrested under accusations of secretly filming house guests in the bathrooms of three different properties. The lawsuit alleges that the discreet recordings feature guests in unauthorized circumstances such as “using the toilet, showering, changing clothes and/or having…
New York Republican Representative George Santos, who is already battling criminal and ethics charges associated with his 2022 campaign, has recently declared that he will not resign and will continue to run for reelection. This statement comes following the filing of 10 new charges against Santos by federal prosecutors on Tuesday. Santos, who is 35…
In a recent stint of activities, notable Justice of the Supreme court, Clarence Thomas, pushes for an opinion stating that the First Amendment should protect him more, sparking debate within legal spheres. Following the digital information era, internet persona Mr. Beast finds himself embroiled at the center of a sophisticated AI impersonation scam. Cybercriminals, allegedly…
In January, the Department of Justice announced new revisions to its corporate enforcement policy related to voluntary self-disclosure, cooperation, and remediation. The goal of these revisions is to incentivize companies that discover misconduct within their ranks to engage proactively with law enforcement and reinforce their compliance programs. According to these policy revisions, prosecutors now have…