Attorney General Jeff Sessions has announced a new Department of Justice policy regarding the federal adoption of assets seized by state or local law enforcement under state law. The new policy, issued on July 19, 2017, is intended to strengthen and streamline the civil asset forfeiture program allowing a more aggressive pursuit of asset forfeiture … Continue Reading
During his campaign, President Donald Trump raised uncertainty with statements that he disapproved of the Foreign Corrupt Practices Act. Since then, however, the Department of Justice has emphasized its continued enforcement efforts for FCPA violations. On April 18, 2017, at the Anti-Corruption, Export Controls & Sanctions Compliance Summit, DOJ’s Acting Principal Assistant Attorney General Trevor … Continue Reading
The Mandatory Victims Restitution Act of 1996 provides that defendants convicted of crimes committed by “fraud or deceit” must compensate victims for the full amount of their losses. A question that courts often face is whether the government and victim have provided sufficient evidence of their actual losses to obtain restitution under the MVRA. The … Continue Reading
In a unanimous 8-0 decision, the U.S. Supreme Court has vacated the political corruption convictions of former Virginia Governor Robert F. McDonnell for conspiracy to commit honest services fraud and Hobbs Act extortion and making false statements to federal officials. McDonnell v. United States, No. 15-474, 579 U.S. ___ (2016). McDonnell and his wife, Maureen … Continue Reading
On March 30, 2016, the U.S. Supreme Court in Luis v. United States, No. 14-419, held that pretrial restraint of untainted assets needed by a criminal defendant to retain counsel of choice violates a Sixth Amendment right to counsel. This decision, however, left unresolved the broader question of whether the United States may restrain untainted … Continue Reading
A company whose employee embezzles money has limited options for recovering its losses. Often, a company must rely on law enforcement to seize the employee’s assets before the employee can dissipate all available funds. A new law in Florida, however, will make law enforcement’s seizure of assets much more difficult and will likely result in … Continue Reading
On March 28, 2016, the Department of Justice announced it was resuming its contentious “equitable sharing” program that it had suspended only months earlier. The “equitable sharing” program allows liquidated assets seized in asset forfeiture cases to be shared between state and federal law enforcement authorities with local agencies receiving up to 80 percent of … Continue Reading
The U.S. Supreme Court, in a 5–to-3 decision, has ruled that federal law enforcement may not freeze an accused’s assets needed to pay criminal defense lawyers if the assets are not linked to a crime. Luis v. United States, No. 14-419 (Mar. 30, 2016). A federal statute provides that a court may freeze before trial … Continue Reading
The Department of Justice is suspending a program allowing local police departments to keep a large portion of assets seized under federal law, the Department announced December 21. This “equitable sharing” program has allowed liquidated assets seized in asset forfeiture cases to be shared between state and federal law enforcement authorities with local agencies receiving … Continue Reading
Whether the government can freeze all of a defendant’s assets before trial, even where those assets are not tainted by any connection to alleged federal offenses, thereby preventing a defendant from paying for his own defense, will be decided by the U.S. Supreme Court in Luis v. United States, No. 14-419. The federal Mandatory Victims … Continue Reading
When the Supreme Court of New Jersey held in Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010) that an employee’s unauthorized taking of an employer’s confidential documents can constitute protected activity when the documents are used in support of a discrimination claim. it left several vexing questions unanswered. In particular, the Court did not explain … Continue Reading
Written by Peter Torncello Federal prosecutions of white-collar crime have fallen to a 20-year low, researchers at Syracuse University, analyzing Justice Department documents, have concluded. Researchers found the federal government brought 5,173 white-collar crime cases in the first 9 months of 2015. This figure is down by approximately 4,000 cases from just a decade ago. … Continue Reading
