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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 nine years as a federal prosecutor with the Norfolk Division of United States Attorney’s Office for the Eastern District of Virginia, where she focused on prosecuting white-collar crimes, including healthcare and securities fraud, federal tax violations, and various forms of fraud against government programs.

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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 Benjamin A. O'Neil, V. Kathleen Dougherty, Elissa Baur and McGuireWoods LLP 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 Benjamin A. O'Neil, V. Kathleen Dougherty, Elissa Baur, Elizabeth F. Tyler, Clare E. Reardon and McGuireWoods LLP 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 and McGuireWoods LLP 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 and McGuireWoods LLP 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 McGuireWoods LLP 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 and Benjamin L. Hatch 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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