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.
Day Pitney Partner Naju Lathia was featured in the New Jersey Law Journal's "After Hours" column for being the recipient of the South Asian Bar Association of New Jersey's 2022 Young Lawyer of the Year Award.
Day Pitney White Collar Partner Sarah Krissoff was featured in the NBC News online article "Two Hollywood Stars Are Accused of Rape, But Scientology Is Also on Trial," discussing the rape trials of Danny Masterson and Paul Haggis and how Scientology may impact their cases.
Day Pitney Attorney Stanley Twardy was featured on 1080 WTIC Newstalk's Brian and Company Radio Show on October 24 discussing a range of legal issues including Special Counsel John Durham's investigation into the Steele dossier, ongoing legal troubles for former President Trump, and Russia.
Day Pitney Investment Management Partner Eliza Fromberg and White Collar Partner Sarah Krissoff were both featured in the Bloomberg Law article, "SEC's Kardashian Case, Marketing Rule Aim to Reveal Paid Ads."