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Recent News and Comments Show U.S. and U.K. Authorities’ Efforts to Get the Information Behind the Panama Papers Scandal

The Panama Papers have captured the public’s and the legal community’s attention, with blockbuster disclosures of the offshore dealings of various prominent persons. The investigation so far has been controlled by a team of journalists from various organizations, who have access to a purpose-built database of an estimated 11 million computer files, and have been […]

A Happy New Year for the SFO?

The Serious Fraud Office (“SFO”) will wave goodbye to 2015 with a few triumphs under its belt, but what will 2016 bring for David Green? 2015 was a year of “firsts” for the SFO: Tom Hayes was the first person to be tried for the manipulation of Libor. He was sentenced in August to 14 […]

Eleventh Circuit Court of Appeals Affirms DOJ’s Expansive Interpretation of “Foreign Official” under the FCPA

The Eleventh Circuit Court of Appeals last Friday issued a ruling on a challenge to DOJ’s interpretation of “foreign official” under the Foreign Corrupt Practices Act, affirming a sentence imposed upon two defendants for bribing employees of Haiti’s state-owned telecommunications company. The ruling represents the first time an appellate court has ruled on whether state-owned […]

“Too Big to Jail?” Don’t Count on a DPA

After the criminal prosecution of Arthur Andersen in 2002, which decimated the storied accounting firm, the Justice Department seemed to shelve its indictment power in favor of deferred prosecutions—at least, where large companies were concerned. The reasoning was simple. A criminal indictment, or a guilty plea, would spell the end for a bank or a […]