William F Johnson

March 03, 2021 | New York Law Journal

In the inaugural enforcement action under its new cybersecurity regulations, the New York DFS announced charges against First American Title Insurance Company in July 2020. Companies governed by the regulations and their counsel have anxiously awaited this case of first impression, and the merits of the enforcement action have been extensively covered by legal commentators. In this edition of his Corporate Crime column, William F. Johnson focuses on a less-heralded but equally important aspect of the enforcement action: how the administrative trial of the First American charges will be conducted.

By William F. Johnson

13 minute read

November 04, 2020 | New York Law Journal

In his Corporate Crime column, William F. Johnson writes: Practitioners should be aware of the risk that courts will permit an adverse inference against their client in a civil case based on another person's invocation of their right not to testify, even when the client has not invoked.

By William F. Johnson

14 minute read

July 01, 2020 | New York Law Journal

In his Corporate Crime column, William F. Johnson explores the Commodity Futures Trading Commission's new guidance outlining factors the Division of Enforcement will consider in recommending civil monetary penalties to be imposed in enforcement actions.

By William F. Johnson

12 minute read

March 04, 2020 | New York Law Journal

Recent court cases and a DOJ whistleblower's memo have strongly suggested that prosecutors may be purposefully and wrongfully using the MLAT (mutual legal assistance treaty) request as a pretextual means of extending the statute of limitations rather than to obtain necessary evidence. In his Corporate Crime column, William F. Johnson explores the historical allegations of such misconduct, the potential for it to occur in the future, and what defense attorneys can do to protect their clients from it.

By William F. Johnson

11 minute read

November 06, 2019 | New York Law Journal

In his Corporate Crime column, William F. Johnson explores the contours of the attorney-client privilege as it applies to special committees' internal investigations, including with respect to employee interviews and board briefings.

By William F. Johnson

9 minute read

July 08, 2019 | New York Law Journal

A special prosecutor's investigation has resulted in the indictment of persons close to the President of the United States. The special prosecutor has prepared a report based on the investigation, and a debate has sparked over whether Congress can obtain the full, unredacted version. In his Corporate Crime column, William F. Johnson discusses the options Congress has for obtaining the full report and making it public—they range from suits, to subpoenas, to new legislation

By William F. Johnson

11 minute read

March 06, 2019 | New York Law Journal

In his Corporate Crime column, William F. Johnson provides an overview of 18 U.S.C. §1001—the federal statute prohibiting false statements to federal officials—before reviewing the Special Counsel's use of §1001 and exploring the future ramifications of its use.

By William F. Johnson

10 minute read

October 31, 2018 | New York Law Journal

Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.

By William F. Johnson

9 minute read

July 03, 2018 | New York Law Journal

In his Corporate Crime column, William Johnson explores the history and traditional use of the presidential pardon power, and illuminates the constitutional and legal issues involved.

By William F. Johnson

8 minute read

February 28, 2018 | New York Law Journal

In his Corporate Crime column, William F. Johnson writes: The SEC has left no doubt that it is focused on ICOs used to raise capital, and particularly on the lawyers who provide advice on securities law issues attendant to these offerings.

By William F. Johnson

11 minute read