James is a member of the firm's government regulatory and criminal investigations group. In that capacity, he focuses on representing corporate and individual clients in government and internal investigations both in the United States and around the world. He has participated in the defense of major financial institutions, telecommunications firms, and accounting firms by state and federal regulatory agencies.
By James A. Sherman on Compliance,Enforcement and Prosecution Policy and TrendsOn Monday, January 23, 2017, the Securities and Exchange Commission (SEC) awarded more than $7 million to be split among three whistleblowers. The three individuals helped the SEC in its investigation and prosecution of an investment scheme. The identity of whistleblowers is protected by law however, the SEC did disclose that the primary whistleblower will… Continue Reading
By James A. Sherman on ComplianceOn Friday, July 8, 2016, the Securities and Exchange Commission (SEC) announced Sean McKessey, Chief of the SEC’s Office of the Whistleblower, will be leaving his post by the end of the month. Jane Norberg, Deputy Chief of the SEC’s Office of the Whistleblower will serve as Acting Chief until a replacement is found. McKessey… Continue Reading
By James A. Sherman on Anti-Bribery and CorruptionOn October 6, 2014, the U.S. Supreme Court denied an August 14, 2014, petition for writ of certiorari by Joel Esquenazi and Carlos Rodriquez, former owners of Terra Communications (Terra). The petition asked the court to define who counts as a foreign official under the Foreign Corrupt Practices Act (FCPA). In 2011, Esquenazi and Rodriquez… Continue Reading
By James A. Sherman on Anti-Bribery and Corruption,Securities and CommoditiesOn April 22, 2013, the SEC announced that it had entered into a non-prosecution agreement (NPA) with Ralph Lauren Corporation (RLC), allowing RLC to avoid prosecution for violations of the Foreign Corrupt Practices Act (FCPA). This is the first NPA the SEC has entered involving FCPA violations. From 2005 to 2009, RLC’s Argentine subsidiary paid… Continue Reading