Nicholas C. Harbist and Lauren E. O’Donnell
Category: White Collar Law Developments
Financial Institutions’ Hiring Practices under the Microscope: The Importance of Anti-Corruption Programs
Shawn M. Wright, Mayling C. Blanco, and Richard L.A. Wolf
Investigations of Financial Institutions Operating in Asia
In its earnings statement, the financial institution announced that the DOJ and the SEC are investigating its “hiring practices in the Asia Pacific region and, in particular, whether [it] hired referrals from government agencies and other state-owned entities in exchange for investment banking business and/or regulatory approvals” in violation of the FCPA.1 In November 2016, a similar financial institution and its Hong Kong-based subsidiary agreed to pay the SEC, the DOJ, and the Federal Reserve Board $264 million to settle charges that it violated the FCPA by hiring unqualified employees referred by government officials, particularly those with connections to upcoming transactions.2 Other financial institutions have been investigated for similar practices in the region.3 Continue reading “Financial Institutions’ Hiring Practices under the Microscope: The Importance of Anti-Corruption Programs”
The Sessions Memo: A Significant Reversal of Policy?
Nicholas C. Harbist and Melissa Fundora Murphy
This policy represents a significant reversal of the comparatively lenient stance established by Eric Holder, one of Sessions’ predecessors under President Barack Obama, who had ordered federal prosecutors in 2013 to refrain from charging defendants with certain offenses that could see long mandatory minimum sentences.
Prosecutors will now be expected to recommend a sentence within federal guidelines when before a federal judge, and must disclose to the sentencing court all of the facts that impact the sentencing guidelines or mandatory minimum sentences. Recommendations outside of the guidelines will require a documented explanation, as well as approval from a U.S. attorney, assistant attorney general, or a designated supervisor. Deviations from the “core principle” of pursing the most serious offenses will only be granted if “justified by unusual facts.”
Attorney General Sessions made it clear that he wants this shift in policy to be immediate, noting that “[a]ny inconsistent previous policy of the Department of Justice relating to these matters is rescinded, effective today.”
This article was originally published in the July 2017 edition of White Collar Watch. Click here to read the article online.
The Perils of Dealing with Whistleblowers under the False Claims Act
Reimbursements for Costs Incurred in Internal Investigations
Continue reading “Reimbursements for Costs Incurred in Internal Investigations”
New Jersey Attorney General Announces Two New Incentives Programs to Generate Leads in Public Corruption Cases
Carlos F. Ortiz, Mayling C. Blanco, Bridget M. Briggs, and Richard Wolf
On May 9, 2017, New Jersey Attorney General Christopher S. Porrino announced two new, short-term initiatives to combat public corruption: the Anti-Corruption Whistleblower Program and the Anti-Corruption Reward Program. The Attorney General’s Office expects both programs will help generate initial leads to uncover and prosecute public corruption crimes, as these types of cases are characteristically difficult to expose because they are often document intensive and involve sophisticated actors. Both programs are offered for only a limited time—until August 1, 2017. The Attorney General’s Office indicates that the temporary availability is intended to generate quick results; however, these programs will also allow the Attorney General’s Office to evaluate the efficacy of such programs to determine whether to offer similar programs in the future.
Continue reading “New Jersey Attorney General Announces Two New Incentives Programs to Generate Leads in Public Corruption Cases”
The Global Anti-Corruption Corner: A Primer to the Foreign Corrupt Practices Act
Shawn M. Wright, Carlos F. Ortiz, Mayling C. Blanco, Ariel S. Glasner
Lessons from FinCEN’s Latest Gaming Enforcement Action
Eric G. Fikry and Lauren E. O’Donnell
On Oct. 3, 2016, the Financial Crimes Enforcement Network assessed a civil monetary penalty of $12 million against CG Technology d/b/a Cantor Gaming, pursuant to the Bank Secrecy Act and its regulations, with which casinos are required to comply. In addition to the fine, Cantor is required to undertake remedial compliance measures and pay $16.5 million to the U.S. Department of Justice to settle a parallel investigation (a portion of the FinCEN fine was offset by this payment).
Cantor operates race and sports books in Nevada, offers mobile gaming within Nevada, and provides gaming technology to casino customers globally. It is licensed to operate at prominent Nevada establishments, such as the Hard Rock, Tropicana, Venetian and Palms. Its books are associated with high dollar value wagering and are popular with professional gamblers. Continue reading “Lessons from FinCEN’s Latest Gaming Enforcement Action”