Category: White Collar Crime

PPP Lenders Beginning to Receive Scrutiny Alongside Borrowers

It is no longer only borrowers who are facing potential Paycheck Protection Program (PPP) loan scrutiny, although, as promised, SBA has indeed begun sending inquiries to borrowers who are seeking forgiveness of loans greater than $2 million. Increasingly, however, lenders also are attracting the attention of federal regulators and investigative […]

Department of Justice Updates Guidance on Evaluation of Corporate Compliance Programs

On June 1, the DOJ updated its guidance for evaluating a company’s compliance program when resolving corporate investigations. The updated guidance makes clear that prosecutors should consider a company’s particular circumstances when evaluating its compliance program. The updated guidance also emphasizes that a company must be proactive and continually assess […]

The US-UK Data Access Agreement: A new dawn for transatlantic criminal investigations?

In June 2019 we wrote about the Crime (Overseas Production Orders) Act 2019 (COPOA), an unheralded piece of legislation that created a framework for the government to enter reciprocal agreements with other nations to streamline the process of obtaining stored electronic data from companies based overseas. In October 2019, the […]

Remaining Vigilant to Compliance and Enforcement Concerns in Times of Crisis

In times of increased financial stress—and particularly during times of financial shock where expectations and reality diverge significantly and rapidly—internal and external pressures can lead to risk-taking with lasting consequences. For example, pressure often mounts to boost revenue to save a failing quarter, to take advantage of government bailout opportunities, […]

UK law enforcement powers stretch even further overseas – with worrying implications

A recent piece of unheralded legislation, the Crime (Overseas Production Orders) Act 2019 (COPOA), has provided UK law enforcement with significantly extended powers to compel the production of electronic data stored overseas. Key points COPOA came into force on 12 February 2019 – it gives UK law enforcement agencies the […]

Skansen Interiors Limited: The UK’s first contested prosecution under S7 of the Bribery Act

The recent conviction of UK company Skansen Interiors Limited (SIL), for the corporate offence of failure to prevent bribery has caused controversy. This is the first conviction under S7 of the Bribery Act after a contested trial where the company self-reported but was still brought to trial. Commentators are asking […]

Unexplained Wealth Orders coming into force

The regime for Unexplained Wealth Orders will come into force on 31 January. This is a novel power in the UK. Law enforcement agencies such as the National Crime Agency and Serious Fraud Office will be able to apply to Court, without notice to the recipients, for an Order requiring […]

Sanctions: what tech companies should consider

While sanctions restrict trade and dealings with specified individuals, entities and states, export controls restrict the distribution of specified products & services, namely military goods and items that can have a dual civilian and military use. In the past, compliance with sanction and export regimes was largely seen to be […]

High Court supports SFO bid to obtain documents claimed as privileged

In a landmark ruling on 8 May 2017, the High Court ordered that the Eurasian Natural Resources Corporation (“ENRC”) should hand over to the SFO documents prepared during an internal investigation, despite the fact that the documents had been generated by lawyers (including external solicitors). In 2011, ENRC began an […]

Court clarifies jurisdiction to exempt bank from potential criminal liability for making payments before NCA approval received

What happens when a company’s bank accounts are frozen and, as a result, faces imminent collapse, but the bank opposes a court application to process key transactions on the basis that if the bank is made to do so by the court, the bank may be guilty of a criminal […]