A new decision from the First Circuit upholding the federal government’s authority to search the electronic devices of anyone entering the United States — in some instances without a warrant, probable cause, or even reasonable suspicion — presents various data-security challenges for companies and organizations of all sizes.
On December 1, 2020, Singaporean shipping company Pacific Carriers Limited (“PCL”) entered a $12 million plea agreement to resolve criminal charges that it knowingly failed to record illegal discharges of oil waste and garbage and concealed a hazardous condition aboard the M/V Pac Antares from the United States Coast Guard.
A recent enforcement action announced by the Antitrust Division of the U.S. Department of Justice included a notable plot twist – the investigation did not turn up an antitrust crime, but instead revealed a criminal conspiracy to violate the Procurement Integrity Act (“PIA,” 41 U.S.C. §§ 2101-2107).
The intersection of government contracting and antitrust law keeps making the news.
The Financial Crimes Enforcement Network (“FinCEN”) recently hit the founder and primary operator of both Helix and Coin Ninja with a $60 million civil monetary penalty.
During a roundtable at the Fifth International Debarment Colloquium last month, Joseph Mauro, a spokesperson for the Compliance Unit of the World Bank Group’s (“World Bank”) Integrity Vice Presidency (“INT”), announced recent changes to the manner in which the World Bank will evaluate borrowers’ compliance programs in future corruption investigations.
In 2019, the Federal Bureau of Investigation (“FBI”) estimated that business email compromises, often carried out via email scams that trick businesses into making wire payments, have caused an estimated $1.7 billion in losses for businesses that fell victim to these schemes, which amounts to the highest out-of-pocket losses incurred from any class of cybercrime.
On October 8, 2020, the Attorney General’s Cyber-Digital Task Force (“the Task Force”) issued its Cryptocurrency Enforcement Framework (the “Report”), which offers background on virtual assets, enforcement milestones, and plans for increasing scrutiny into the use of cryptocurrency, following the Task Force’s inception in 2018.
On September 10, 2020, the Commodity Futures Trading Commission (“CFTC”) Division of Enforcement released its long-awaited “Guidance on Evaluating Compliance Programs in Connection with Enforcement Matters,” which will be incorporated into the CFTC’s enforcement manual and used by CFTC enforcement staff when reviewing the efficacy of corporate compliance programs moving forward.
On September 3, 2020, the Antitrust Division of the U.S. Department of Justice (the “Division”) issued an updated version of its Merger Remedies Manual (“Manual”).
The U.S. Department of Justice has made clear that it is pursuing civil enforcement actions and criminal prosecution of fraudsters exploiting the COVID-19 pandemic.
The U.S. Supreme Court’s new term begins with arguments on October 5, 2020, with the Court set to hear many important criminal law cases.