In this episode, I visit Lauren Briggerman and Dawn Murphy-Johnson on the Fall 2017 issue of Executives at Risk. It is newsletter put out by the law firm of Miller & Chevalier, where they both work. Some of this quarter’s highlights which discuss are:
- Compelled testimony-The Second Circuit's decision overturning two convictionsin the Department of Justice's (DOJ's) London Interbank Offered Rate (LIBOR) currency manipulation investigation, which came as a result of DOJ's reliance on testimony compelled by a foreign jurisdiction. Does this decision make life for prosecutors more difficult or does it make it impossible?
- The German expansion of investigation into VW scandal, does this mean the German government will actually prosecute any individuals?
- The German prosecutorial raid on the law firm of Jones Day and documents seized from its work on the VW case. We consider where does the matter stands in light of the German Court halting prosecutors' access to seized law firm documents.
- We consider the matter of Thomas Haidar, the former Chief Compliance Officer from MoneyGram who was banned for three years and fined for failure to prevent money Laundering violations. We consider just how significant this case is for CCOs or does it simply follow the line of cases that says if a CCO is a part of the fraud they can be prosecuted.
- Judge Rakoff criticism of the US Sentencing Guidelines as "Number-Crunching Gibberish,” as he slashes a sentence for former manager.
- We conclude with the recent remarks by DAG Rod Rosenstein that enforcement agencies will continue to focus on individual Defendants. We end with an exploration of Rosenstein’s recent announcement that the DOJ is looking a new policy statements so where do you all think this may go.
For a copy of Executives at Risk: Key Developments - Fall 2017, click here.