06 Sunday Jul 2014
Posted in Securities & Exchange Commission
≈ Comments Off on The Latest Changes at the SEC.
What’s New on the SEC Website
http://www.sec.gov/news/whatsnew/wn-today.shtml
This [link] provides a daily list of the most recent materials posted to the SEC website. Note that the official release date of a document may differ from the posting date, in which case, the release date is indicated in parentheses.
02 Friday May 2014
Posted in Consumer Law, Contract Law, Criminal Law, Intentional Misrepresentation, SEC, White Collar Crime
≈ Comments Off on Big Banks, Big Business, And The DOJ.
Tags
Banks, Bernard Arnault, Blair Hickman, Corporate Impunity, Department of Justice, Financial Crisis, Fraud, Jesse Eisinger, Judge Jed Rakoff, Lehman Brothers, ProPublica, Reddit, SEC
Big Banks, Business and Butter: Highlights From Our Q&A on Corporate Impunity, by Blair Hickman, ProPublica
Reporter Jesse Eisinger offers his thoughts on the lack of white-collar prosecutions, journalism and the Green Bay Packers.
* * *
I don’t think enough attention has been paid to the fact that the white collar laws are inadequate, so there haven’t been many proposed remedies. One thing the DoJ should use is the ‘willful blindness’ or ‘conscious disregard’ charge. As Judge Jed Rakoff wrote recently in the New York Review of Books: Such a charge ‘is a well-established basis on which federal prosecutors have asked juries to infer intent, including in cases involving complexities, such as accounting rules, at least as esoteric as those involved in the events leading up to the financial crisis. And while some federal courts have occasionally expressed qualifications about the use of the willful blindness approach to prove intent, the Supreme Court has consistently approved it.’ . . .
26 Thursday Dec 2013
Posted in Foreign Corrupt Practices Act, SEC
≈ Comments Off on SEC’s Enforcement of the Foreign Corrupt Practices Act.
Tags
ADM, Archer Daniels Midland, Bribery, FCPA, Foreign Corrupt Practices Act, Germany, SEC, Ukraine, Value added tax
SEC Enforcement Actions: FCPA Cases, U.S. Securities and Exchange Commission
http://www.sec.gov/spotlight/fcpa/fcpa-cases.shtml
This website provides hyperlinks for every case from 2013 to 1978. Please note the other websites and links at the bottom of the page. – CCE
Enforcement of the Foreign Corrupt Practices Act (FCPA) continues to be a high priority area for the SEC. In 2010, the SEC’s Enforcement Division created a specialized unit to further enhance its enforcement of the FCPA, which prohibits U.S. companies from bribing foreign officials for government contracts and other business.
Update: On December 20, 2013, the SEC charged Archer-Daniels-Midland Company with violation of the FCPA for failure to prevent illegal payments to foreign government officials. -CCE
An SEC investigation found that ADM’s subsidiaries in Germany and Ukraine paid $21 million in bribes through intermediaries to secure the release of value-added tax (VAT) refunds. The payments were then concealed by improperly recording the transactions in accounting records as insurance premiums and other purported business expenses. ADM had insufficient anti-bribery compliance controls and made approximately $33 million in illegal profits as a result of the bribery by its subsidiaries.
16 Wednesday Oct 2013
Posted in Corporate Law, SEC
≈ Comments Off on Mary Jo White and JP Morgan’s mea culpa – reckless employees will cost $100 million
Tags
Mary Jo White Is the Woman Who Makes Wall Street Admit Guilt, by Sheelah Kolhatkar, Politics & Policy, BloombergBusinessWeek
PMorgan (JPM), which cannot seem to get out of the headlines, is admitting that its employees behaved recklessly and will pay $100 million to resolve the U.S. Commodity Futures Trading Commission’s investigation
The Researching Paralegal 
You must be logged in to post a comment.