on Employee Compensation Clawbacks

Department of Justice guidance issued in March 2023 provided prosecutors with a set of criteria to use when evaluating the compliance programs of corporations facing a resolution to criminal charges, such as a plea agreement, deferred prosecution agreement, or non-prosecution agreement.

Cases that end in conviction are often accompanied by an order of restitution. A restitution order can be a burden on a person for years even after a prison sentence has been served and a term of probation has been completed. Practitioners should pay attention to several key issues in order to zealously advocate for their clients – even after conviction and sentencing.

Ruling Immigration Law Unconstitutionally Overbroad, But Door Remains Open for Future Challenges

The Supreme Court in Sineneng-Smith did not directly rule against the argument that 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad. But it is possible that this statute may be challenged in the future.

A law passed in 2020 requires small businesses to file a report listing their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) at a date to be determined after FinCEN has issued implementing regulations. The law does not apply to companies that have more than 20 employees or have more than $5 million in annual gross receipts.

The testimony of cooperators in white collar cases is created in a perjury factory. The factory produces perjury through (1) multiple interviews with the government, (2) tactical use of the grand jury, (3) selective notetaking by prosecutors and agents, and (4) witness preparation.

White Collar Crime Policy: The SEC's New Cooperation Policy

Practitioners defending clients against federal fraud charges or related conspiracy charges should be aware of the Wartime Suspension of Limitations Act, particularly lawyers working on defense procurement cases.

On Feb. 6, 2014, former SAC Capital Advisors LP manager Mathew Martoma became the 79th individual convicted of insider trading in cases brought by U.S. Attorney Preet Bharara’s office. After less than three days of deliberation, a jury of seven women and five men convicted Martoma on all three counts of insider trading.¹ Despite the herculean efforts of a defense team led by Richard Strassberg of Goodwin Proctor, Martoma faces up to 20 years in prison at a sentencing hearing scheduled for June.

The Congressional Task Force on Overcriminalization conducted 10 investigative hearings in 2013-2014. Topics included reducing the number of federal crimes and eliminating mandatory collateral consequences of conviction.

White Collar Crime Project

For most people, the One Hundred and Fourteenth United States Congress (January 2015-January 2017) has not been an exemplar of political cooperation. Despite the perception of the public, however, an almost unprecedented number of criminal justice reform bills are pending.

A refashioning of statutes that ensures meaningful criminal intent standards in criminal laws, and which applies to all manner of offenses, is a due process-centered reform that should be included in the panoply of much-needed criminal justice reforms.

White-Collar Crime Multiple Authors March 2010 Page 56  FCPA Enforcement Update DOJ Targets the Health Care Industry Enforcement of the Foreign Corrupt Practices Act (“FCPA”)1 has increased over the past several years. In 2009 alone, the Department of Justice (“DOJ”) and the Securities Excha

White Collar Crime

Gathering Defense Evidence Abroad