News and commentary about white-collar crime, enforcement, and compliance
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
A Dutch in-house lawyer with a law degree but no license isn’t entitled to the attorney-client privilege, a recent federal case held.
In Anwar v. Fairfield Greenwich Ltd, No. 09 Civ.… Continue Reading
[The DOJ] rarely has the ability to obtain the testimony of foreign witnesses. It is difficult to obtain foreign documents. Defense lawyers should put the government to its burden of proof and not confess without a trial.… Continue Reading
Joel Androphy, left, is the lawyer who led John O’Shea’s defense team to a stunning win.
On Monday, Judge Lynn Hughes tossed all twelve substantive FCPA counts against O’Shea (the judge’s order is below).… Continue Reading
Gathering evidence overseas is so difficult that U.S. law extends the FCPA’s five-year statute of limitations by up to three more years. All that’s required is for DOJ prosecutors to make a formal request to the court trying the case.… Continue Reading
The four Africa sting defendants who ended up in a mistrial are asking the judge to acquit them on the FCPA conspiracy count.
Andrew Bigelow, Pankesh Patel, John Benson Wier III, and Lee Allen Tolleson argued that the evidence against them was “insufficient to sustain a conviction as to the charged FCPA conspiracy.”… Continue Reading
As we mentioned a few weeks ago, Ousama Naaman’s sentencing is on hold while he and the government review new evidence that may be classified.
It’s a complicated process, and prosecutors now want his sentencing, first set for August 4 and then moved to September 8, delayed indefinitely.… Continue Reading
“Obtaining evidence outside the United States,” the U.S. Attorneys Manual says, “involves considerations unfamiliar to many American prosecutors.”
What tops the list of unfamiliar considerations? Sovereignty — the idea that if you want something that’s mine, you have to ask me for it. … Continue Reading
Graphic courtesy of the SFOThe U.K.’s Serious Fraud Office has . . . a personality. And it’s full of charm.
How else to describe the SFO’s pitch about jazzy evidence presentations?… Continue Reading
After a company self discloses possible FCPA violations, or hears from the DOJ or SEC first, there are only two possible outcomes — an enforcement action or a declination (no action by the DOJ or SEC).… Continue Reading