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SCOTUS: No Quid Pro Quo Where Gov. Official Merely Arranged the Meeting, the Menu, the Venue, the Seating

The hit Broadway musical Hamilton depicts a backroom dinner meeting between then Congressman James Madison (Virginia) and the titular Secretary of Treasury, during which Madison proposes a “quid pro quo”: Hamilton will convince President George Washington to move the nation’s capital to the Potomac in exchange for Madison providing the congressional votes needed to pass […]

UK Confiscation in the Wake of Tom Hayes

In January 2016, the Home Affairs Select Committee launched an Inquiry into the effectiveness of the UK’s proceeds of crime regime. It is anticipated that the Inquiry will hone in on the legal concept of ‘criminal benefit’ and how the UK enforcement authorities broadly define this concept when assessing the benefit obtained by defendants as […]

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 […]

Utah Publishes Nation’s First Online White Collar Crime Offender Registry

Public shaming has reached new levels in Utah. In February 2016, the state became the first to publish an online registry of white collar crime offenders. The Utah White Collar Crime Offender Registry (“Registry”) has been a long-time goal of Utah Attorney General Sean D. Reyes, who stated that “[w]hite-collar crime is an epidemic in […]

For White Collar Defendants, an Eight-Justice Court Could Mean Less Rights and More Liability

Despite the speculative ideological divide left in the wake of Justice Antonin Scalia’s untimely death, the Supreme Court’s five post-Scalia decisions, each decided 6-2 or better, have reflected appreciable consensus. But notwithstanding President Barack Obama’s nomination of D.C. Circuit Chief Judge Merrick Garland to fill Justice Scalia’s seat, uncertainty remains concerning the fate of cases […]

First Spoofing Conviction

More than five years after Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), long-time industry players are still struggling to understand the full breadth of the law.  Prior to Dodd-Frank’s passage, “spoofing” was common practice on Wall Street and was considered “unprosecutable.”  Although there is considerable ambiguity as to the meaning […]

A View from the Top: a UK and US Perspective on White Collar Crime Enforcement

On 29 September 2015, Brown Rudnick, the Honourable Society of Lincoln’s Inn and 6 KBW College Hill organised a unique panel featuring David Green CB QC, Director of the Serious Fraud Office and Andrew Weissmann, Chief of the Fraud Section of the U.S. Department of Justice’s Criminal Division. The panel was moderated by Brown Rudnick partners […]

US Role in UK Innospec case highlighted again

Much has been made of the sentences passed by HHJ Goymer at Southwark Crown Court this week in the long-running Innospec case. On the face of it, some of the defendants do appear to have escaped lightly. Paul Jennings, 57, was sentenced to 2 years in prison.  Miltiades Papachristos, 51, was sentenced to 18 months […]

SEC Subpoenas Lead to Government Power Struggle

An SEC insider trading investigation is testing the Commission’s power to subpoena information from another branch of government under the 2012 Stop Trading on Congressional Knowledge Act (“STOCK Act”). In April 2013, the SEC began investigating allegations that a staffer on the House Ways and Means Committee on Ways and Means leaked nonpublic, confidential information […]