Featured Articles:

In a Unanimous Decision, the Supreme Court Reverses New Jersey Bridgegate Convictions

The Supreme Court continued its clear commitment to trimming aggressive criminal prosecutions in high-profile cases by issuing a unanimous decision reversing the criminal convictions of two Bridgegate convictions in the New Jersey prosecutions of then-Governor Chris Christie’s Administration. The case grew out of former Governor Chris Christie’s 2013 re-election campaign.  Bridget Kelly, Christie’s Deputy Chief of Staff, and William Baroni, the Deputy Executive Director of...

Cancer Treatment Center Agrees to DPA and $100 Million Penalty for Criminal Antitrust Violations in Florida Market

The Justice Department’s Antitrust Division recently announced a $100 million settlement with Florida Cancer Specialists & Research Institute (“FCS”) for an illegal conspiracy to allocate cancer patients in Southwest Florida.  FCS conspired with various competitors to allocate medical and radiation oncology treatments. The $100 million criminal penalty is the statutory maximum under Section 1 of the Sherman Act. FCS also reached a settlement with Florida...

Despite Pandemic, OFAC Settles with Animal Nutrition Company for $257k for Violations of Cuban Sanctions Program

OFAC announced a $257k settlement with Biomin America, Inc. (“Biomin”), an animal nutrition company based in Overland, Kansas, to settle violations of the Cuban Sanctions Program. OFAC recently issued guidance suggesting that organizations may re-allocate or reduce sanctions compliance operations based on the impact of the pandemic on an organization’s business activities.  Notwithstanding this guidance, OFAC announced this enforcement action, the first in several months,...

Episode 141 — Practical Approaches to Managing Beneficial Ownership Risks (Part II of II)

In a two-part series, Michael Volkov examines the continuing problem of identifying and mitigating beneficial ownership risks.  Money launderers and corrupt individuals continue to rely on corporate structures to disguise their ownership interests to further illicit schemes.  Companies have to develop strategies that practically address the risks without dedicating disproportionate resources to the problem. In the first episode, Michael Volkov discusses beneficial ownership risks and...

Episode 140 — Addressing Beneficial Ownership Interest Risks in Your Compliance Program (Part I of II)

In a two-part series, Michael Volkov examines the continuing problem of identifying and mitigating beneficial ownership risks.  Money launderers and corrupt individuals continue to rely on corporate structures to disguise their ownership interests to further illicit schemes.  Companies have to develop strategies that practically address the risks without dedicating disproportionate resources to the problem. In the first episode, Michael Volkov discusses beneficial ownership risks and...

Privacy and Employee Issues During the New COVID-19 Pandemic Era

The global pandemic has created unique risks for handling employees’ exposure to, or positive testing for, COVID-19.  To ensure a safe workplace, companies have to address delicate issues surrounding employee safety.  The United States does not have a federal privacy law to address this specific situation (unlike Europe and Canada) and the treatment of employees personal information.  Interestingly, the HIPAA laws do not cover employers...

Chipotle Mexican Grill Enters Three-Year DPA and Pays $25 Million Penalty for Food Safety Violations (Part II of II)

In the Chipotle Mexican Grill case, DOJ entered into a three-year deferred prosecution agreement (“DPA”) in exchange for the payment of a $25 million penalty stemming from a string of foodborne-illness cases between 2015 and 2018 involving its restaurants in which more than 1100 people became ill. The charges against Chipotle stem from outbreaks of norovirus, a highly infective pathogen that is easily transmitted by...

DOJ Resolves Two Important Food Safety Criminal Cases: Blue Bell Creameries and Chipotle Mexican Grill (Part I of II)

In an important set of criminal prosecutions for food safety violations, the Justice Department recently announced resolutions with Blue Bell Creameries and Chipotle Mexican Grill.  While these cases were not related to the COVID-19 pandemic, they are indications of DOJ’s aggressive prosecution for food safety issues and are important reminders of the need for organizations to prioritize health and safety issues.  Corporate boards and senior...

DOJ and FBI Fight Back Against Pandemic Fraud

You can always count on cyber-criminals and fraudsters to come out of the woodwork when a national crisis occurs.  The COVID-19 pandemic has resulted in a multitude of criminal schemes.  Companies that rely on remote employees have to be vigilant in alerting employees to phishing, malware and other scams used by cyber-criminals and fraudsters. DOJ, the FBI and the private sector have been cooperating to...

Episode 139 — DOJ Resolves Two Food Safety Criminal Cases: Blue Bell Creameries and Chipotle Mexican Grills

The Justice Department recently resolved two food safety criminal cases involving Blue Bell Ice Cream and Chipotle Mexican Grills.  In its largest food safety recovery to date, Chipotle agreed to a three-year deferred prosecution agreement and paid $25 million.  In the Blue Bell Ice Cream case, Blue Bell agreed to plead guilty and pay $19.5 million in fines and penalties.  Blue Bell’s former CEO, Paul...