Supreme Court Archives - Page 2 of 2 - Corruption, Crime & Compliance

Defining Corruption: From the Framers to the Supreme Court’s Decision in Citizens United (Part I of II)

Uncategorized

27 Aug, 2018

Defining Corruption: From the Framers to the Supreme Court’s Decision in Citizens United (Part I of II)

One of the more esoteric debates among legal scholars focuses on defining corruption and the political roots of anti-corruption efforts. As it turns out, scholars have pointed to the Framers debate and provisions in the U.S. Constitution to support the idea that in creating the United States government, the Framers were significantly concerned about the pernicious effects of corruption on government. The debate on corruption...

Supreme Court Narrows Criminal Tax Obstruction of Justice Statute

Uncategorized

12 Apr, 2018

Supreme Court Narrows Criminal Tax Obstruction of Justice Statute

The Supreme Court ruled in a criminal tax case, Marinello v. United States, that a criminal tax obstruction of justice was overly broad. In a 7-2 decision, the Supreme Court ruled that the Government must prove that the defendant was aware of a pending tax-related proceeding, such as an investigation or audit, or could reasonably foresee that such a proceeding would commence. The Supreme Court’s...

The FCPA Implications of the Supreme Court’s McDonnell Decision – A Mountain Out of a Molehill?

General

14 Jul, 2016

The FCPA Implications of the Supreme Court’s McDonnell Decision – A Mountain Out of a Molehill?

The Supreme Court’s decision in the McDonnell case was expected. It was evident that the Supreme Court was going to reverse the convictions when it granted a stay of McDonnell’s sentence and agreed to hear the case. Sometimes we all suffer from FCPA myopia and see the world only through the FCPA lens. The McDonnell case has very little that is directly applicable to the...

The McDonnell Case: Supreme Court Weighs Limiting Bribery Statute

General

19 May, 2016

The McDonnell Case: Supreme Court Weighs Limiting Bribery Statute

We all suffer from a little myopia. Following FCPA enforcement and compliance issues makes a lot of sense in today’s enforcement environment. However, there is plenty of domestic enforcement of bribery laws – the New York corruption investigations and prosecutions and the recent high-profile prosecution of Virginia Governor McDonnell are just a few of the high profile domestic prosecutions. The Supreme Court recently heard argument...

Supreme Court Called Upon to Review the Newman Case and Address Insider Trading Liability

General

11 Aug, 2015

Supreme Court Called Upon to Review the Newman Case and Address Insider Trading Liability

The Supreme Court is very likely to enter into the fray over the Second Circuit’s controversial Newman decision concerning insider-trading liability. The government has filed a petition for certiorari, and the stakes are high. Insider trading liability for unauthorized disclosures to tip recipients (‘tipees”) flows from the common sense notion that an insider cannot engage, directly or indirectly, in insider trading by personally benefitting from...