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The V&E Report
Insights in Government Enforcement and Investigations

Lessons Learned: A High-Profile FARA Acquittal at Trial Provides Guidance for Both the Government and Targets of Future Investigations

On September 4, a federal jury took only a few hours to return a verdict of “not guilty” for Washington, D.C. attorney and former White House Counsel Greg Craig in a high-profile trial brought by the Department of Justice’s Foreign Agents Registration Act (“FARA”) Unit and federal prosecutors from the U.S. Attorney’s Office for the District of Columbia. 

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Where in the World Is Dirty Money Going? FinCEN’s Newest Investigation Unit Targets Global Money Laundering

The Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) recently announced the launch of a Global Investigations Division (“GID”). GID will focus its efforts on implementing targeted investigation strategies to combat money laundering and terrorism financing in domestic and international contexts.

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  • 03
  • September
  • 2019

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For Whom the Statute Tolls: Challenges to FCPA Indictment May Expose Government Vulnerabilities in International Cases

As companies grow and expand their international footprint, their operations are scrutinized with increasing frequency by federal prosecutors. However, recent pre-trial litigation in a FCPA case suggests that one important government tool may be vulnerable to challenge by sophisticated defense counsel, which could stifle the government’s ability to build and bring a criminal case beyond the normal five-year limitations period, provided the defense can show that the government’s mutual legal assistance request to another country was pretextual in nature.

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Brace Yourself: DOJ Demonstrates it Can Adapt to Technological Advances in Healthcare Industry

Although it is sometimes difficult for regulators to keep pace with innovation, telemedicine — the use of telecommunication and information technology to provide medical care remotely — is both rapidly evolving and under intense scrutiny. Just last month, DOJ announced charges against 24 individuals in what it touts is the largest telemedicine-related fraud case to-date, demonstrating DOJ’s ability to pursue complex and rapidly changing industries such as this one.

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Recent FCPA Speeches Highlight and Defend DOJ Priorities

On March 7 and 8, 2019, Deputy Attorney General Rod Rosenstein and Assistant Attorney General Brian Benczkowski delivered separate speeches on developments in FCPA enforcement, highlighting that DOJ aims to make “corporate criminal enforcement more effective and efficient.”1 These statements effectively double-down on DOJ’s FCPA Corporate Enforcement Policy of trying to get companies to self report and cooperate by dangling the carrot of declinations, even in cases of serious wrongdoing.

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