Subject to Inquiry

Subject to Inquiry

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Government Investigations and White Collar Litigation Group

Category Archives: Election and Political Law

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Compliance, Election and Political Law

Congress Votes to Disapprove SEC’s Resource Extraction Disclosure Rule

In previous posts, we discussed the potential impact of the SEC’s Resource Extraction Payment Disclosure (Rule 13q-1), including possible FCPA implications and the development of an appropriate compliance plan. After the election, much attention has been given by Congress to the so-called “midnight” agency rules that were adopted in the final months of the Obama… Continue Reading
Election and Political Law, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Securities and Commodities

AN IMPORTANT CHECK ON THE ABUSE OF GOVERNMENT AUTHORITY

As citizens of a nation founded on the rule of law, we depend upon law enforcement and prosecutors to protect us from harm and from those who infringe our liberty.  In exchange for this protection, we permit these public servants to exercise authority and at times great power.  Thankfully, and it should go without saying,… Continue Reading
Election and Political Law

Guilty Plea in DOJ’s First Criminal Prosecution for Campaign Finance Coordination

The news media has already engaged in rampant speculation regarding the potential candidates from both parties in the 2016 presidential election. Inextricably tied to the talk of political campaigns is the public discussion about campaign finance, particularly with reference to political action committees (PACs). In the wake of the Citizens United decision, the public has… Continue Reading
Anti-Bribery and Corruption, Compliance, Election and Political Law, Energy Enforcement, Securities and Commodities, Uncategorized

Avoiding Waiver When Disclosing Facts to the Government

All but a handful of courts find that companies disclosing privileged communications or protected work product to the government waive both of those protections. Courts properly analyzing waiver rules also recognize that disclosing historical facts does not cause a waiver – because historical facts are not privileged. In two related cases, Judge Francis of the… Continue Reading
Election and Political Law, Enforcement and Prosecution Policy and Trends, Sanctions, Trade Embargo, and Export Controls

The Bedeviling Question of Willfulness in the Criminal Context

Courts have long struggled with interpreting (and thus instructing a jury on) the statutory element of willfulness. This frequently manifests in the challenge of expressing what level of knowledge the defendant must possess about the law he is accused of violating. Reflective of this challenge, courts have characterized the element of willfulness as “bedeviling,” turning… Continue Reading
Anti-Bribery and Corruption, Compliance, Election and Political Law, Enforcement and Prosecution Policy and Trends

Weatherford’s “loose controls and anaemic compliance” leads to $253 million bribery and sanctions penalties

This is a salutary tale for any companies, wherever they are situated in the world, which still think that their illegal activities will never be discovered. Usually it is only a question of time, and the penalties can be huge, as well as the impact on the business in sorting it all out.… Continue Reading
Election and Political Law

Survey Shows More Companies Adopting and Strengthening Political Spending Policies

An annual survey prepared by the Center for Political Accountability (CPA) and released last week indicates that an increasing number of large companies are adopting policies and procedures designed to improve transparency and oversight of their political activities. This trend appears to be a reaction to a number of factors, including increasingly aggressive legal tactics… Continue Reading
Election and Political Law, Enforcement and Prosecution Policy and Trends

Lobbying Firm Faces Charges under Lobbying Disclosure Act

It appears that the Justice Department is getting a bit more aggressive in enforcing violations under the Lobbying Disclosure Act, as amended (LDA).  As reporteed in the BLT: Blog of the Legal Times: After allegedly failing to turn in 124 federal lobbying reports on time, a West Hempstead, N.Y.-based consulting firm with only one lobbying… Continue Reading
Anti-Bribery and Corruption, Election and Political Law, Enforcement and Prosecution Policy and Trends

The IRS Scandal: What Next?

Well, this could be a huge development. Playing second fiddle to the recent IRS scandal involving how the agency mishandled applications from some right-leaning groups is the simple fact that the Service has historically offered little guidance on how it measures the primary purpose of such activities. Senate Finance Committee Chairman Max Baucus (D-Mont.) had… Continue Reading
Election and Political Law, Enforcement and Prosecution Policy and Trends

This is the dawning of the age of disclosure?

 While Congress and the courts continue to struggle with how much disclosure should be required in our campaign finance system, a new front could be opening up – litigation.  Almost unnoticed by the main stream media, News Corp.’s proposed $139 million April 22 agreement to settle a shareholder derivative lawsuit included a clause that would… Continue Reading