White Collar

Expert Analysis

• International Cartel Stats: A Look At The Last 26 Years

  

  John M. Connor, professor emeritus at Purdue University and senior fellow of the American Antitrust Institute, compiled information on 1,336 private international cartels investigated since 1990. In this article, he presents aggregate statistics on numbers, affected sales, damages, corporate penalties, individual fines and incarceration, and highlights broad geographic differences.

• Why The Government's Wall Of Secrecy Must Fall

  

  In recent years, investors in Fannie Mae and Freddie Mac have challenged the federal government in court, following the government's decision to hide thousands of documents in the name of executive privilege. This case has critical implications for the transparency and accountability of the government's actions, says Saikrishna Prakash, the James Monroe Distinguished Professor of Law at the University of Virginia Law School.

• What You Should Know About New Int'l Anti-Bribery Standard

  

  The International Organization for Standardization's new anti-bribery standard — to be released in final form in September — could benefit companies in a number of different ways, but it fails to create a platform for global uniformity, says Dulce Foster, co-leader of Fredrikson & Byron PA's white collar and regulatory defense department.

• Crackdown On Money Laundering In Real Estate Is Expanding

  

  Some in the real estate industry were skeptical about whether the Financial Crimes Enforcement Network's geographic targeting orders focused on Manhattan and Miami-Dade would be effective in curbing money laundering. It appears, however, that FinCEN’s early efforts have produced valuable leads for law enforcement, says Matthew Lee of Fox Rothschild LLP.

• Return Of Exec Accountability Creates Compliance Challenges

  

  The continued willingness of federal courts to apply the harsh responsible corporate officer doctrine was confirmed with the Eighth Circuit's recent decision in United States v. DeCoster and presents particular compliance obstacles for boards of certain types of life sciences and health care companies, say Michael Peregrine and Joshua Buchman at McDermott Will & Emery LLP.

• Writing Arbitration Clauses To Get The Arbitration You Want

  

  Agreeing to arbitration clauses can be complicated because you may risk locking in a factually incorrect judgment. Merril Hirsh and Nicholas Schuchert of Troutman Sanders LLP explain the mechanics of the Federal Arbitration Act and how to ensure you find the right arbitration laws for your case.

• Time To Reform The Antitrust Sentencing Guidelines

  

  The U.S. sentencing guidelines for bid-rigging, price-fixing or market-allocation agreements among competitors do a lousy job of formulating a recommendation based on the actual culpability of an individual defendant. My recommendation is that the American Bar Association Antitrust Section forms a task force to review the guidelines and recommend changes, says Robert Connolly, a partner at GeyerGorey LLP and former federal prosecutor.

• A Better Approach To Environmental Prosecution?

  

  As a result of the Yates memo and the U.S. Department of Justice's subsequent environmental announcement, we may now see an increase in prosecutions against persons for environmental crimes, which often create dilemmas for corporate compliance officers, who may find themselves caught in the middle of higher-level management and the personnel directly involved in the violations, says David Edelstein at Vorys Sater Seymour and Pease LLP.

• Bitcoin Trading Isn't Money Laundering, But For How Long?

  

  The IRS’ use of the term “virtual currency” with respect to bitcoin and similar tools, along with Florida law’s omission of the term, appears to have been influential, and even dispositive, in a Florida trial court’s recent conclusion that bitcoin trading isn’t money laundering. But the decision is based on a specific statutory interpretation, and one that won’t last long, says John Londot of Greenberg Traurig LLP.

• There Is No Such Thing As A Free Lawsuit

  

  Under federal law, impoverished parties may litigate in federal court without paying filing fees by applying to proceed in forma pauperis. However, while obtaining relief from filing fees may seem advantageous to a litigant with limited resources, proceeding as such is not without peril, say Ann Marie Painter and Hayden Schottlaender at Perkins Coie LLP.