Concerns over the potential threat posed by information and communications technology (ICT) products and services, such as TikTok, to the United States’ economic and national security have been ruminating for some time now. To tackle that potential threat, on March 7, 2023, a bipartisan group of U.S. senators led by Sen. Mark R. Warner (D)
On March 1, 2023, the White House announced the National Cybersecurity Strategy, a coordinated strategy to secure data with a focus on increasing cybersecurity for every company and individual within our great country. The strategy revolves around five pillars intended to build “enduring collaboration between stakeholders across our digital ecosystem” to ensure “that the underlying
On December 27, 2022, the Second Circuit called into question the government’s theory of insider trading of confidential government agency information, potentially undercutting the DOJ’s enforcement of various white-collar crimes.
The panel tossed the convictions of four individuals found guilty of securities fraud, wire fraud, and theft of government property for their coordination to trade
Sen. Chuck Grassley (R-Iowa) recently criticized “activist judges” for rewriting the text of the False Claims Act to achieve their own policy goals, revealing plans to reintroduce legislation that would correct “unduly restrictive” interpretations of the statute and expand liability for defendants.
Grassley — who delivered his remarks in a pre-recorded keynote speech at the
On March 3, the Criminal Division of the Department of Justice announced a two-part pilot program to encourage corporations to implement compliance programs with provisions for employee compensation incentives and clawbacks designed to prevent corporate crime. Last week, at the American Bar Association’s 38th Annual National Institute on White Collar Crime, Deputy Attorney General
On February 22, 2023 the Department of Justice (DOJ) released a new policy governing self-disclosure of corporate criminal wrongdoing to United States Attorney’s Offices (USAOs). The policy entitled “United States Attorney’s Office Voluntary Self-Disclosure Policy” (the “VSD Policy”) is the latest guidance from the department designed to encourage businesses to report and remediate
The Department of Justice (DOJ) released its annual summary of False Claims Act (FCA) recoveries for the prior fiscal year, and the data points to a number of notable trends.
Although DOJ brought in the second-highest number of settlements and judgments that the government has ever collected in a single year, the dollar value of
In 2022, the government continued to utilize the False Claims Act as its primary tool to combat fraud. Though the government’s recoveries at $2.2 billion were down compared to recent years, the government and whistleblowers were party to more than 350 settlements and judgments – the second-highest number of FCA settlements and judgments in a
We are less than one year out from the effective date (January 1, 2024) of the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) beneficial ownership information (BOI) reporting rule, and key details about the rule remain unclear. The rule requires most domestic and foreign companies to report their beneficial owners to FinCEN, but the
Earlier this month, DOJ updated its Corporate Enforcement Policy (CEP). Aimed at encouraging companies to voluntarily disclose unlawful conduct, the updated CEP gives greater opportunities to companies to avoid charges altogether or to get more cooperation credit.
On January 17, 2023, DOJ announced what Assistant Attorney General Kenneth