In the latest episode of The Inspector General, host Clark Ervin sits down with Andrew Cannarsa, Executive Director of the Council of the Inspectors General on Integrity and Efficiency (CIGIE), to reflect on a remarkable year for the US Inspector General (IG) community. Their discussion centers on CIGIE’s newly released Annual Report to the President … Continue Reading
In this episode of Bad News, Good Lawyers, host Tom Firestone sits down with Keith Bradley, former Supreme Court clerk and co-chair of SPB’s Appellate & Supreme Court Practice, for an in-depth look at the Supreme Court’s recent ruling in Learning Resources, Inc. v. Trump, widely known as the IEEPA decision. Bradley walks listeners through … Continue Reading
Join host Tom Firestone, head of our Government Investigations & White Collar Practice, for a compelling discussion with Jeffrey Toobin—New York Times contributing opinion writer and best‑selling author—on the complex, controversial and often misunderstood world of presidential pardons. In this episode, Toobin delves into the research behind his latest book, The Pardon: The Politics of … Continue Reading
Join Tom Firestone for a fascinating conversation with Benjamin Nathans, Alan Charles Kors Endowed Term Professor of History at the University of Pennsylvania. Tom and Professor Nathans discuss his Pulitzer Prize winning book, To the Success of Our Hopeless Cause: The Many Lives of the Soviet Dissident Movement and cover a number of interesting topics, … Continue Reading
We are pleased to announce a new podcast series: “Bad News, Good Lawyers – Where Law Meets Politics”. Hosted by Tom Firestone, global chair of our Government Investigations & White Collar Practice, each episode will offer a unique perspective on legal and political developments of interest to businesses across the globe. Join Tom and his guests from … Continue Reading
We are pleased to announce a new, quarterly podcast series: “The Inspector General.” Hosted by former State Department and Homeland Security Department Inspector General and partner in our Government Investigations and White Collar practice, Clark Ervin, the podcast is intended especially for government contractors and grantees, who can be the subject of IG investigations and … Continue Reading
On December 16, 2024, the European Union (EU) adopted its 15th package of sanctions against Russia in response to its ongoing aggression toward Ukraine. The new measures target key sectors of Russia’s military-industrial complex, including the “shadow fleet” and companies that support this complex. Our colleagues at The Trade Practitioner cover this significant development in … Continue Reading
Our colleagues Marion Seranne and Saeid Abedi recently covered the French Anti-Corruption Agency’s (“AFA”) newly published guidance addressing Corporate Reporting Sustainability Directive (“CSRD”) reporting for companies that do not meet the French Sapin II law thresholds. In short, the agency stated that CSRD reporting standards trigger an obligation to implement an antibribery and corruption compliance program – a … Continue Reading
Tom Firestone recently blogged on how the recent prosecutions of Senator Robert Menendez and Representative Henry Cuellar under a previously never used statute, 18 USC 219, raise serious Constitutional issues. 18 USC 219 makes it a crime for members of Congress (and other government officials) to engage in activity that requires registration under the Foreign … Continue Reading
At Global Investigations and Compliance Review, we’ve been keeping close tabs on the fallout from the Supreme Court decisions at the end of June. We mentioned in a previous post that the SEC v. Jarkesy opinion may have consequences beyond the specific situation of SEC civil penalties. As we think about this more, there could be … Continue Reading
Join #TeamSPB’s Ben Glassman and Keith Bradley for a timely webinar on the major decisions recently issued by SCOTUS. The panel will cover each of the recent decisions (Loper Bright v. Raimondo, SEC v. Jarkesy, Ohio v. EPA, and Corner Post v. the Fed) and discuss the consequences, as well as the opportunities and challenges, … Continue Reading
With its second of two landmark decisions impacting the future of federal agency enforcement, SCOTUS struck down the Chevron decision last week. In a 6-3 decision in Loper Bright Enterprises v. Raimondo, the Court shifted enforcement power away from agencies and to the federal courts. The implications of the Chevron decision are both significant and … Continue Reading
SPB’s Keith Bradley authored an article for Bloomberg Law covering a recent SCOTUS decision with significant ramifications: SEC v. Jarkesy. We believe that Jarkesy will decidedly shift the landscape of agency adjudication and regulatory enforcement. For the background and possible implications of this decision, read the full article at Supreme Court’s Jarkesy Ruling Upends SEC … Continue Reading
Congress recently passed the Rebuilding Prosperity and Opportunity for Ukrainians (“REPO”) Act, bipartisan legislation authorizing the Administration to seize billions of dollars in Russian sovereign assets to fund Ukraine reconstruction and aid. The legislation raises issues that could have political and legal consequences – for companies and individuals. Join members of the firm’s Policy and … Continue Reading
On March 7, 2024, US Deputy Attorney General, Lisa O. Monaco announced the development of a new “DOJ-run whistleblower rewards program” during her speech at the American Bar Association’s 39th National Institute on White Collar Crime.[1] The announcement signals “a 90-day sprint to develop and implement a pilot program, with a formal start date later this … Continue Reading
Courts around the country continue to disagree on the causation standard to be applied in False Claims Act cases based on alleged Anti-Kickback Statute violations. Two recent federal district court decisions out of the District of Massachusetts add to differing conclusions on what the causation standard should be, i.e., “but-for,” “exposure,” or some other, less … Continue Reading
FinCEN’s beneficial ownership reporting rule takes effect on January 1, 2024. This rule requires certain entities to file with the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) reports that identify two categories of individuals: the beneficial owners of the entity, and individuals who have filed an application with specified governmental authorities to … Continue Reading
On March 1, 2023, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) demonstrated continued interest in investigating insider trading by company executives who possess material non-public information when they unsealed an indictment and filed a civil complaint, respectively, in the Central District of California. Though a Rule 10b5-1 plan—an investment device … Continue Reading
We previously offered insight into two False Claims Act (“FCA”) enforcement actions brought by the U.S. Department of Justice (“DOJ”) as part of its “Civil Cyber-Fraud Initiative” (“CCF Initiative”). Deputy Attorney General Lisa O. Monaco announced the CCF Initiative in October 2021, stating that “[t]he initiative will hold accountable entities or individuals that put U.S. … Continue Reading
On January 24, 2023, the Federal Reserve Board (“FRB”) assessed a second-tier[1] civil penalty of $2.3 million against New York-based Popular Bank (or the “Bank”) for unsafe and unsound practices related to six Paycheck Protection Program (“PPP”) loans. According to the FRB, the Bank processed and funded these loans despite detecting significant indicia of fraud … Continue Reading
About this time last year, we offered some insight on Economic Espionage and Theft of Trade Secrets, which included a primer on economic espionage, case examples, and avoidance strategies. We observed that “[w]hile the Office of the Director of National Intelligence has identified China, Russia, and Iran as the three states most capable of committing … Continue Reading
With the cold and flu season underway and COVID-19 still ever-present, it is a good time to take stock of the potential risks that come with working remotely. Following the lifting of pandemic restrictions allowing offices to open back up, many companies continued to offer work from home or hybrid arrangements. It is important for … Continue Reading
The United States may prosecute foreign fraudsters using U.S. wires when their entirely foreign-based schemes use U.S. wires to victimize persons in the United States. That is the conclusion we draw from the Fourth Circuit’s decision in United States v Elbaz. The Elbaz court joined the Ninth Circuit in holding that the wire-fraud statute’s focus … Continue Reading
The author and editors would like to thank Eben Kurtz for his contributions to this post. On 21 April 2022, the U.K.’s Financial Conduct Authority (“FCA”) secured its first Account Forfeiture Order (“AFO”), a tool used for asset recovery under Part 5 of Proceeds of Crime Act 2002 (”POCA”), for a sum of £2,000,000 against … Continue Reading
