By Jane Wester | July 9, 2024
Paul Hastings partner Adam Fee argued that key witnesses in the case, including former New Jersey Attorney General Gurbir Grewal and cooperating witness Jose Uribe, did not inculpate Menendez.
By Daniel Koffmann and Jonathan Acevedo | July 9, 2024
Among the differences between the Foreign Corrupt Practices Act (FCPA) and is the Foreign Extortion Protection Act (FEPA) is the definition of a "foreign official." The FCPA definition is "any officer or employee of a foreign government or any department, agency, or instrumentality…or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality." The FEPA adds "any person acting in an unofficial capacity." What defines "unofficial capacity" is the focus of this article.
By Jane Wester | July 8, 2024
The government argued that the jurors have seen, through the course of the nearly two-month-long trial, "a clear pattern of corruption."
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan Sack | July 8, 2024
This article describes different approaches taken to a "fraudulent inducement" theory of liability by contrasting the Third Circuit's decision in 'Kousisis' with the Second Circuit's different approach. It concludes with observations on the potential significance of a Supreme Court ruling that further limits the scope of mail/wire fraud.
New York Law Journal | Analysis
By Daniel L. Zelenko, Anand Sithian, Danielle Giffuni, Andrea Charles and Ahnna Chu | July 5, 2024
Daniel L. Zelenko and Anand Sithian are partners in the New York office of Crowell & Moring. Danielle Giffuni is counsel in the firm's New York office. Andrea Charles is an associate in the firm's New York office and Ahnna Chu is an associate in the firm's Los Angeles office.
New York Law Journal | Analysis
By Sarah E. Paul and Andrea L. Gordon | July 5, 2024
This article explores how the CTA and the related New York LLC Transparency Act impact U.S. companies and foreign companies conducting business in the United States, as well as financial institutions.
New York Law Journal | Analysis
By Christopher T. Zona | July 5, 2024
For those who advise clients on matters relating to cross-border compliance, the Foreign Corrupt Practices Act has been the primary federal anti-bribery law since 1977. That was until 2023, when President Biden signed into law the Foreign Extortion Prevention Act. In doing so, the federal government filled a longstanding gap that was unaddressed: the "demand side" of foreign bribery and corruption.
New York Law Journal | Analysis
By Ellen M. Murphy, E. Scott Morvillo and Matthew Catalano | July 5, 2024
The DOJ and certain individual U.S. Attorney's Offices have announced six different voluntary self-disclosure or whistleblower policies and programs. With the proclamation of each one, the DOJ sent a clear message that they remain focused on corporate enforcement and want to incentivize companies and corporate insiders to self-report corporate malfeasance.
New York Law Journal | Analysis
By Chuck Kreindler, Jeff Kern and Michael Gilbert | July 5, 2024
The U.S. Supreme Court and numerous circuit courts are seriously narrowing the scope of behavior that constitutes criminal fraud. This developing legal landscape requires defense counsel to rethink strategies on how to best defend against federal criminal fraud allegations.
New York Law Journal | Analysis
By Mark E. Bini, Kaela Dahan and Victoria L. Jaus | July 5, 2024
Two recent cases illustrate that the detention or release of foreign white-collar defendants pending trial almost always rests upon the DOJ's recommendation, and appears to result in sometimes inconsistent results.
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