Skip to content

Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Posts Tagged: Attorney-Client Privilege

Steal This Form

We’re not a big fan of the SEC’s whistleblower rules.

They let FCPA reward seekers go straight to the government — without ever telling the boss, general counsel, chief compliance officer, internal auditors, or directors.… Continue Reading

Lauren Stevens Acquitted

The White Collar Crime Prof Blog reported the acquittal of the former associate general counsel of GlaxoSmithKline, Lauren Stevens.

Judge Roger Titus of the U.S. district court in Maryland directed an acquittal during a hearing today.… Continue Reading

Angela Aguilar Alleges DOJ Misconduct

The Mexican woman held in a California jail since her arrest on FCPA charges in August has alleged that prosecutors withheld from her lawyers information about intercepted phone and email logs and violated her attorney-client and spousal privileges.… Continue Reading

For Company Counsel, Even More Complications

Two recent cases have focused attention on the hard choices faced by company counsel involved in criminal investigations and prosecutions.

The cases didn’t involve the FCPA. But they hold lessons for lawyers and executives dealing with FCPA compliance and enforcement.… Continue Reading

Wanted, Dead Or Alive

What do we think, a friend asked a few days ago, about paying FCPA whistleblowers 10 to 30 percent of amounts recovered through SEC and DOJ enforcement actions? That idea is part of a financial reform bill introduced last month by Christopher Dodd, chairman of the Senate Banking Committee.… Continue Reading

Speaking Out

George Terwilliger — formerly of the DOJ and now in private practice — had some wise words about decisions to launch internal investigations. His article in law.com included this tightly packed and well-mannered exhortation:

Most corporate decision-makers do not have the experience necessary to anticipate the judgments and proclivities of enforcement officials.

Continue Reading

Goodbye To Waivers? Not So Fast . . .

Companies facing criminal indictment for violating the Foreign Corrupt Practices Act and other federal laws have a sure-fire way to help themselves. They can cooperate. Those found to have “fully cooperated” under the Federal Sentencing Guidelines are entitled to reduced penalties; most of them escape with a deferred or non-prosecution agreement.… Continue Reading

AGCO Resolves Iraq Bribe Charges

Agricultural equipment-maker AGCO Corporation will pay nearly $20 million in criminal and civil penalties to resolve charges related to kickbacks it paid under the U.N. oil for food program. Under its plea deal with the Justice Department, the Duluth, Ga.-based… Continue Reading

A Whistleblower Blow-Up

Last month we reported a settlement in a suit by General Electric’s former in-house counsel, Adriana Koeck. She claimed she was fired in retaliation for whistleblower activity protected by Section 806 of the Sarbanes-Oxley Act (18 U.S.C.… Continue Reading

One-Way Waivers

There was an important post over the weekend on the White Collar Crime Prof Blog. Ellen Podgor flagged a recent case (here) with serious implications for companies with deferred prosecution agreements.… Continue Reading