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THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

V. Kathleen Dougherty

Photo of V. Kathleen Dougherty Katie is partner in the firm’s Government Investigations and White Collar Litigation group. Prior to joining McGuireWoods, Katie spent more than a decade at the U.S. Department of Justice, including nine years as a federal prosecutor with the United States Attorney’s Office for the Eastern District of Virginia. There, she focused on investigating and prosecuting white-collar crimes, including healthcare and securities fraud, federal tax violations, and various forms of fraud against government programs.

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After a Pause, DOJ’s Updated FCPA Guidelines Focus on Cartels and TCOs, But Corporate Exposure Remains

By Eric Olshan, Patrick Rowan, Justin Givens, Roy Dixon III, Garen S. Marshall, Stephen Weiss, Ryan Buchanan, Alex J. Brackett, Michael F. Easley, Jr., Steven McCool, Elissa Baur, Jason H. Cowley, Caroline Schmidt Burton, V. Kathleen Dougherty and Joie Johnston on Anti-Bribery and Corruption
Executive Summary: On June 9, Deputy Attorney General Todd Blanche issued a memorandum to the Department of Justice’s Criminal Division, outlining the Department’s focus for pending and future FCPA actions.  A day later, Matthew Galeotti, the Head of the Criminal Division, offered more insight into how this administration will approach FCPA investigations and enforcement actions. … Continue Reading

The Risks of Rushing In: A Closer Look at DOJ Criminal Division’s Updated Corporate Enforcement Policy in the Broader Enforcement Landscape

By Ryan Buchanan, Eric Olshan, Michael F. Easley, Jr., Garen S. Marshall, V. Kathleen Dougherty, Mindy Sauter, Roy Dixon III, Jordan LaPointe, Joie Johnston and Colin F. Brady on Fraud, Deception and False Claims
I. Introduction: More Clarity, But Not a Complete Roadmap On June 10, Matthew Galeotti, the Head of the U.S. Department of Justice’s (DOJ) Criminal Division, delivered remarks at an event hosted by the American Conference Institute,[1] in which he discussed recent updates to the division’s Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP).[2] The revisions mark… Continue Reading

FinCEN Narrows Focus on Southwest Border

By John Adams, Elissa Baur, Katherine Richardson, V. Kathleen Dougherty and Jeffrey M. Hanna on Anti-Money Laundering, Enforcement and Prosecution Policy and Trends
In the last few weeks, the Financial Crimes Enforcement Network (FinCEN) has circulated several instructions focusing on money services businesses operating in the southwest United States, answering the current Administration’s call for increased security measures in that area.  On March 11, FinCEN issued a Geographic Targeting Order (GTO) adding more requirements to certain money services… Continue Reading

Practical Tips for Companies Following President Trump’s Pause on FCPA Enforcement

By Caroline Schmidt Burton, Justin Givens, Alex J. Brackett, V. Kathleen Dougherty, Eric Snyder, Jason H. Cowley, John S. Moran, Roy Dixon III and Elizabeth Peters on Anti-Bribery and Corruption
Since the President signed the February 10, 2025 Executive Order (Order) pausing enforcement of the Foreign Corrupt Practices Act (FCPA) (Client Alert: President Trump issues Executive Order “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security”), companies with cross-border business operations have likely faced questions from both internal and external stakeholders… Continue Reading

AI Risk and Whistleblower Protection Spotlighted in DOJ’s Revised Corporate Compliance Guidance

By V. Kathleen Dougherty, Brandon M. Santos, Garen S. Marshall, Elizabeth F. Tyler and Brenna M. Molinare on Compliance
On September 23, 2024, the U.S. Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP) guidance. The ECCP provides prosecutors with questions and factors to consider when assessing a company’s compliance program. Prosecutors use the guidance to assist in making decisions about whether to charge a company and how to resolve cases. The… Continue Reading

“Call Us Before We Call You”:  DOJ’s New Corporate Whistleblower Awards Pilot Program

By V. Kathleen Dougherty, Elizabeth F. Tyler and Elissa Baur on Compliance
On September 17, 2024, Deputy Assistant Attorney General Nicole Argentieri stressed the intense focus placed by the U.S. Department of Justice (DOJ or the Department) on incentivizing companies to maintain healthy corporate compliance programs – and highlighted key aspects of the Department’s newest enforcement tool.  Speaking at the NYU School of Law’s Program on Corporate… Continue Reading

Ericsson Pleads Guilty, Agrees to Pay $206M in Fines, Following Alleged Violation of FCPA Deferred Prosecution Agreement

By V. Kathleen Dougherty and Elissa Baur on Anti-Bribery and Corruption
Last week, the U.S. Department of Justice (DOJ) announced that Sweden-based multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson) will plead guilty to breaching the Foreign Corrupt Practices Act (FCPA) and has agreed to pay over $206 million in related penalties following its alleged breach of a 2019 Deferred Prosecution Agreement (DPA) with the Department.… Continue Reading

Cross-Border Enforcement and Trends — 2022 Year in Review

By V. Kathleen Dougherty, Elissa Baur and Elizabeth F. Tyler on Anti-Bribery and Corruption, Sanctions, Trade Embargo, and Export Controls
Key developments in U.S. cross-border enforcement were driven by the year’s most newsworthy developments, from Russia’s invasion of Ukraine and the battery of sanctions that swiftly followed, to the collapse of the cryptocurrency market. For details, download this inaugural review, which focuses on anti-money laundering, as this issue continued its rise up the enforcement and… Continue Reading

DOJ’s Public Struggles with Electronic Evidence Highlights the Need for Counsel to Formally Demand Discovery Early and Often

By V. Kathleen Dougherty on Enforcement and Prosecution Policy and Trends, Miscellaneous
DOJ’s dismissal last week of a Foreign Corrupt Practices Act case in Boston is the latest in a string of bad outcomes for the government due to discovery mishaps. While the government works to revise its discovery policies and seek resources to collect, review, and analyze the vast amount of electronic evidence attendant to nearly… Continue Reading

EARN IT Act Opens Online Service Providers to Liability for Online Child Sexual Abuse Hosted on Their Platforms

By V. Kathleen Dougherty on Enforcement and Prosecution Policy and Trends
On Thursday, February 10, 2022, the Senate Judiciary Committee approved the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act (EARN IT Act), first introduced in 2020 by Sens. Lindsey Graham, R-SC, and Richard Blumenthal, D-Conn. The EARN IT Act aims to tackle the online proliferation of child sexual abuse material (CSAM) by paring back… Continue Reading

Courts Adopt Varying Approaches to Implementing Due Process Protections Act

By V. Kathleen Dougherty and Michael F. Easley, Jr. on Compliance, Enforcement and Prosecution Policy and Trends
In a December 2020 article, we highlighted in this blog the amendment of Federal Rule of Criminal Procedure 5(f) in the new Due Process Protections Act (“DPPA” or “the Act”). The Act requires federal courts to enter a Brady order at the outset of all criminal cases and may prompt courts to enter orders setting… Continue Reading

New Due Process Protection Act Amends Criminal Rule 5, May Strengthen Defendants’ Brady Rights

By V. Kathleen Dougherty, Benjamin L. Hatch and Michael F. Easley, Jr. on Compliance, Enforcement and Prosecution Policy and Trends
A new law will require all federal judges to enter an order at the beginning of every criminal case advising prosecutors of their duties under Brady v. Maryland, 373 U.S. 83 (1963) to disclose exculpatory evidence to the defense. Intentional violations of the orders could subject prosecutors to stern sanctions – up to and including… Continue Reading

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