Nicholas M De Feis

July 25, 2017 | New York Law Journal

In their International Criminal Law and Enforcement column, Nicholas De Feis and Philip Patterson use the Eastern District case 'U.S. Gasperini' to illustrate the global reach of U.S. computer intrusion laws. They write that the opinion demonstrates how, as technological innovation increasingly blurs any remaining lines between a computer and other electronic devices, U.S. computer anti-intrusion laws may eventually come to cover conduct involving virtually every electronic device in the world.

By By Nicholas M. De Feis and Philip C. Patterson

8 minute read

April 14, 2017 | New York Law Journal

International Criminal Law and Enforcement columnists Nicholas M. De Feis and Philip C. Patterson discuss the government's authority to seek warrants under the Stored Communications Act, a hotly contested issue that appears to be settled in the Second Circuit—but courts in other circuits don't appear to be following its lead.

By Nicholas M. De Feis and Philip C. Patterson

20 minute read

January 20, 2017 | New York Law Journal

In their International Criminal Law and Enforcement column, Nicholas M. De Feis and Philip C. Patterson reviews 'United States v. Tuzman', where a defendant was subjected to "provisional arrest" in Colombia at the United States' request and sent to the notorious La Picota prison in Bogota, and then had to fight to be extradited.

By Nicholas M. De Feis and Philip C. Patterson

16 minute read

October 27, 2016 | New York Law Journal

International Criminal Law and Enforcement columnists Nicholas M. De Feis and Philip C. Patterson offer practical strategies for companies facing raids of their offices overseas. They note that although most foreign jurisdictions have begun to impose limits and oversight on these raids, the raids remain aggressive by U.S. standards. They are also increasing in frequency and not confined to any particular types of industries. Among the concerns they discuss is that employees caught unprepared may act in ways detrimental to both the corporation's and their own interests. Moreover, U.S. and foreign prosecutors are increasingly sharing investigative materials. U.S. law provides only limited protections against the use of evidence seized by foreign agents, even when seized in ways that would violate U.S. law.

By Nicholas M. De Feis and Philip C. Patterson

15 minute read

July 28, 2016 | New York Law Journal

In their International Criminal Law and Enforcement column, Nicholas M. De Feis and Philip C. Patterson write: A new pilot program that offers leniency to corporations that self-report Foreign Corrupt Practices Act violations requires certain conduct by corporations to prove their commitment to cooperation with the government. But the cooperation contemplated by the program moves corporations closer to, and perhaps over, the line at which they become state actors.

By Nicholas M. De Feis and Philip C. Patterson

9 minute read

April 26, 2016 | New York Law Journal

In their International Criminal Law and Enforcement column, Nicholas M. De Feis and Philip C. Patterson write: On April 5, the Fraud Section of the DOJ announced a pilot program offering potential leniency to corporations that self-report Foreign Corrupt Practices Act violations. Although intended to incentivize self-reporting, the program has limits and collateral requirements for credit that should cause corporate counsel serious concerns.

By Nicholas M. De Feis and Philip C. Patterson

20 minute read

January 25, 2016 | New York Law Journal

In their International Criminal Law and Enforcement column, Nicholas M. De Feis and Philip C. Patterson write: Although the DOJ's ability to act in foreign countries is limited at best, the recent prosecution of an official with Russia's state-owned nuclear corporation using federal money laundering statutes illustrates how the DOJ can try to chip away at the edges of serious crimes without having to depend on unreliable foreign enforcement efforts.

By Nicholas M. De Feis and Philip C. Patterson

11 minute read

October 30, 2015 | New York Law Journal

In their International Criminal Law and Enforcement column, Nicholas M. De Feis and Philip C. Patterson write that although banks may lament the time and money spent on compliance with anti-money laundering measures—and the fact that such efforts do not guarantee success or at least protect banks from prosecution—two recent actions reveal just how serious the risks can be in failing to comply.

By Nicholas M. De Feis and Philip C. Patterson

12 minute read

October 29, 2015 | New York Law Journal

In their International Criminal Law and Enforcement column, Nicholas M. De Feis and Philip C. Patterson write that although banks may lament the time and money spent on compliance with anti-money laundering measures—and the fact that such efforts do not guarantee success or at least protect banks from prosecution—two recent actions reveal just how serious the risks can be in failing to comply.

By Nicholas M. De Feis and Philip C. Patterson

12 minute read

August 10, 2015 | New Jersey Law Journal

A discussion of "unlimited operations"—a narrow yet insidious form of cyber attack that poses a particular threat to financial institutions.

By Nicholas M. De Feis and Philip C. Patterson

8 minute read