All Justice Department articles – Page 4
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Article
Employee Investigations Post-Yates Memo
Image: Any company that has faced allegations of corporate misconduct knows how quickly the scope and cost of an internal investigation can grow—a concern that has only amplified following the Justice Department’s Yates Memo. “Corporate compliance professionals have expressed concern that this policy will result in companies undertaking unnecessarily broad, ...
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Blog
Caldwell Offers More Details on Charging Decisions
During remarks this week at the American Conference Institute’s International Conference on the Foreign Corrupt Practices Act, Leslie Caldwell, assistant attorney general for the Justice Department’s Criminal Division, provided some additional insight regarding charging decisions in corporate prosecutions. “Greater transparency benefits everyone,” said Caldwell. More of her comments are inside.
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Blog
Justice Department Appoints New Compliance Counsel
It's official: the Department of Justice Criminal Division has announced that it has retained Hui Chen as a full-time compliance expert, as of Nov. 3. She will report to Andrew Weissmann, Chief of the Fraud Section, and Dan Braun, acting chief of the strategy, policy, and training unit in the ...
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Blog
Millennium Health Appoints New Chief Compliance Officer
Millennium Health, a health solutions company, has appointed Darrell Contreras as its new chief compliance officer. The announcement of Contreras' appointment comes just weeks after Millenium Health reached a $256 million settlement with the government to resolve allegations that it billed for Medicare, Medicaid, and other federal health care programs ...
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Blog
457 Hospitals to Pay $250M in False Claims Act Case
The Department of Justice today reached 70 settlements totaling more than $250 million involving 457 hospitals in 43 states to resolve allegations that these hospitals implanted cardiac devices in Medicare patients in violation of Medicare coverage requirements. “In terms of the number of defendants, this is one of the largest ...
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Blog
Justice Department Names GM Monitor
The Department of Justice announced this week that it has approved the appointment of Bart Schwartz to serve as the monitor for General Motors. The monitor appointment is part of a deferred prosecution agreement GM reached with the Justice Department last month to resolve criminal charges for wire fraud and ...
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Blog
BP to Pay $20.8 Billion for Deepwater Horizon Oil Spill
BP today reached an historic $20.8 billion settlement with the government and five Gulf states to resolve civil claims arising from the 2010 Macondo well blowout and the massive oil spill that followed in the Gulf of Mexico. It is the largest settlement with a single entity in the Department’s ...
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Blog
Analogic Proposes $1.6 Million FCPA Settlement
Analogic, an airport security and medical-imaging technology provider, said in a quarterly filing this week that it has proposed a $1.6 million settlement to the Securities and Exchange Commission to resolve a Foreign Corrupt Practices Act case.The potential sanctions concern certain questionable transactions involving Analogic’s Danish subsidiary BK Medical and ...
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Blog
Yates Memo: More Change Coming in FCPA Enforcement
Two weeks ago, Foreign Corrupt Practices Act enforcement took a formal turn when the Justice Department released the Yates Memo, which formalized the department’s new focus on prosecuting individuals under the FCPA. In the same week, there was a much less reported event that could have equally large effect on ...
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Article
Internal Investigations Just Got a Lot More Complicated
Image: Compliance officers should brace themselves after Deputy Attorney General Sally Yates’ speech last week calling for more prosecution of individuals involved in corporate misconduct—the implications for internal investigations are huge. Inside we have the full analysis of how this policy shift, which sharply splits company and executive interests, will ...
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Blog
Federal Judge Limits Scope of FCPA Liability
A recent decision by U.S. District Judge Janet Arterton for the District of Connecticut has rejected the Department of Justice's "accomplice" theory of liability under the Foreign Corrupt Practices Act, substantially limiting the reach of the government’s enforcement arm under the FCPA. The ruling in the case, in favor of ...
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Blog
NCR Dodges FCPA Enforcement Action by SEC
NCR, an automated-teller machine company, recently announced that the Securities and Exchange Commission has decided not to recommend an enforcement action against it in connection with a previously disclosed investigation into potential violations of the Foreign Corrupt Practices Act. The allegations related to the company’s compliance with the FCPA and ...
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Article
Q&A: How PetroTiger Avoided FCPA Prosecution
Image: As part of our occasional series of conversations with voices in the compliance world, we caught up with Timothy Treanor, a partner with law firm Sidley Austin who represented oil and gas company PetroTiger. In June, PetroTiger became just the second company in recent history of the Foreign Corrupt ...
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Blog
Louis Berger International to Pay $17.5 Million for FCPA Violations
U.S.-based construction management company Louis Berger International has reached a $17.1 million settlement with the Department of Justice to resolve charges that it violated the Foreign Corrupt Practices Act when it bribed foreign officials in Asia to secure government construction management contracts. Two of the company’s former executives also ...
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Blog
FCPA Actions Down, Declinations Up
The Justice Department and Securities and Exchange Commission resolved eight Foreign Corrupt Practices Act enforcement actions so far in 2015—the lowest mid-year total in a decade, according to recent analysis from law firm Miller & Chevalier. “This slow-down seems to be attributable, in part, to a greater emphasis on declinations ...
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Blog
Former Attorney General Eric Holder Rejoins Covington
Former U.S. Attorney General Eric Holder is returning to Covington as a partner after more than six years of service as the nation’s top law enforcement officer. Holder will focus on complex investigations and litigation matters, including matters that are international in scope and raise significant regulatory enforcement issues and ...
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Blog
Two South African Companies Dodge FCPA Charges
The Securities and Exchange Commission this month closed two separate investigations into potential violations of the Foreign Corrupt Practices Act without bringing any enforcement actions. Each investigation involved alleged bribery payments made by South African companies. Details inside.
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Blog
Two More NPAs Reached Under Swiss Bank Program
The Department of Justice today announced that two more banks—Bank Linth (Bank Linth) and Bank Sparhafen Zurich AG (BSZ)—have reached a resolution under the Department’s Swiss Bank Program, which provides a means for Swiss banks to resolve potential criminal liabilities in the United States. Bank Linth will pay a $4.1 ...
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Blog
PetroTiger Exonerated From FCPA Prosecution
First, it was Morgan Stanley in 2012. Now, for only the second time in the history of the Foreign Corrupt Practices Act (at least, that's been publicly reported), the Department of Justice has exonerated a company from FCPA prosection, despite guilty pleas by three of its top executives. The Justice ...
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Blog
Dun & Bradstreet Discloses FCPA Investigation Costs
Dun & Bradstreet, a commercial data and analytics provider, disclosed in a recent securities filing that it spent slightly more this time around than the same period last year on costs associated with its China investigation into possible violations of the Foreign Corrupt Practices Act. Details inside.