The depth, breadth, and power of the FCPA is a moving target, according to this FCPA Blog post. But the message from Assistant Attorney General Lanny Breuer was "loud and clear: When it comes to enforcement, damn the torpedoes, full speed ahead." For the text of AAG Breuer's speech, click here.
Improving the FCPA: Are Such Things Possible?
The U.S. Chamber Institute for Legal Reform has proposed some amendments to the FCPA, ostensibly to improve its use and to bring some clarity to its provisions. Click here for a few more suggestions from a guest post on the FCPA Blog.
You Say "Tom-ay-to," I say "Tom-ah-to."
The government need stew no longer: Its efforts to prosecute a now-defunct food distributor for conspiring to fix prices for processed tomato products have a six-month window free from discovery in the pending civil litigation. A district judge has ordered a stay of discovery in civil cases filed on the heels of the federal indictment to allow the government to proceed without the threat of civil discovery crushing its prosecution efforts. That order comes after the judge hardly strained in denying the defendants' motion to dismiss.
A Securities Class Action for the Ages.
Taking a creative tack (no doubt increasing the view that Americans are somewhat litigious), a group of plaintiffs has filed a class-action complaint against the SEC for its alleged negligence in properly ferreting out the historic Madoff Ponzi scheme.
Financially Speaking, from One General to Another.
In what can only be described as unsurprising, the DOJ's inspector general listed among the top ten management and performance challenges of the department "[t]he need to aggressively combat financial crimes." In his memorandum to Attorney General Eric Holder, Inspector General Glenn Fine noted that the Financial Fraud Enforcement Task Force is on the right path, but more needs to be done. Inspector General Fine also noted the increasing challenges of fighting cyber crime.
On January 30, Jed Davis will speak at The Knowledge Group Webcast, "Best Strategies in Protecting Your Firm Against Hackers: What Hackers Can and Cannot Do?"
Day Pitney Newsletter
Jed Davis authored the article, "Cybersecurity for the Under-Resourced" for Bloomberg BNA.
Day Pitney Newsletter
Dan Wenner wrote an article, "No Conviction, No Credit: Troubling Sentence For Cooperator," for Law360. Wenner explores why cooperation agreements don’t always work by analyzing the case United States v. Harrington, No. 15-3486, 2016 WL 4409337 (7th Cir. Aug. 19, 2016), in which the government and defendant-cooperator Richard Harrington sought resentencing under Rule 35.
Steven Cash was quoted in an article,"In Patz Case, Prosecution Is Set to Rest," in the Wall Street Journal.
Steven Cash was quoted in an article, "Senate Judiciary Committee To Be Led by Non-Lawyers," in The Wall Street Journal. In the article, Cash discusses how Sen. Dianne Feinstein of California is set to become the ranking Democrat on the Senate Judiciary Committee, joining the committee's chairman, Republican Sen. Chuck Grassley of Iowa. Neither Grassley or Feinstein attended law school.
Steve Cash was named in an article, "How Two Russian Defectors Helped the FBI Nab European Mobsters Then Wound up Stranded in Oregon," in Newsweek.
Dennis Kearney was quoted in an article, "Bridgegate verdict: How long could Kelly and Baroni serve?," in The Star Ledger. In the article, Kearney discusses Bill Baroni and Bridget Anne Kelly’s sentencing in the Bridgegate trial.
Dan Wenner was quoted in an article, "Appeals could drag Bridgegate case on for another year," in The Bergen Record.