skip to main content

FinCEN Announces Government-Wide AML Priorities

On June 30, 2021, the Financial Crimes Enforcement Network (“FinCEN”) issued the first-ever government-wide priorities for anti-money laundering and countering the financing of terrorism (AML/CFT) policy (the “Priorities”). Issued after consultation with federal and state law enforcement and national security officials, the Priorities identify the most significant AML/CFT threats currently facing the United States. 

Read full article >

National Trend: Criminal Prosecution of Employers for Improper Pay Practices

Then presidential candidate Hillary Clinton's 2015 statement about the possibility of incarcerating employers for alleged “wage theft” was, to many, an alarming prospect. Since that time, this position has become more mainstream among workers’ rights advocates, politicians, and, critically, prosecutors.  Today, prosecutors across the country increasingly seek criminal fines and jail time for what were previously seen as non-criminal labor violations better handled by Departments of Labor and other civil regulators.

Read full article >

COVID-Era Challenges to Federal Indictments

Bloomberg Law recently published two articles drawing on the Women's White Collar Defense Association (WWCDA) Thought Leadership Subcommittee’s recent WaterCoolerPLUS session entitled “COVID-Era Challenges to Federal Indictments.” Both articles, co-authored with fellow WWCDA members, offer practical insights for practitioners seeking to challenge federal indictments related to COVID-19. 

Read full article >

Third Circuit Reaffirms That Willfulness Does Not Require Knowledge That Conduct is Criminal, Rather Than Merely Unlawful

On December 4, 2020, the Third Circuit affirmed the district court’s willfulness jury instruction in a criminal payroll tax case under I.R.C. § 7202, which followed the familiar definition of willfulness found in Cheek v. United States.  In United States v. Gilmore, the Third Circuit rejected the defendant’s contention that willfulness requires knowledge that the defendant’s conduct is criminal, affirming that “willfulness in the context of tax crimes merely requires knowledge and violation of a duty.”  

Read full article >

FinCEN Releases Second Advisory on COVID-19 Illicit Activity, Including New Red Flags for Common Consumer Fraud Scams 

On July 7, 2020, the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) released its second advisory to financial institutions about detecting and preventing COVID-19 consumer fraud. The guidance provides financial institutions with 18 new red flag indicators to help identify potential imposter and money mule pandemic fraud. FinCEN plans to continue issuing additional advisories about financial crimes related to the pandemic based on evolving trends. 

Read full article >

DOJ Updates Corporate Compliance Program Evaluation Guidance

First, DOJ updated its interpretation of one of the three “fundamental questions” that an evaluating prosecutor should ask. In addition to determining whether the company’s compliance program (1) is well designed and (2) works in practice, prosecutors should also consider (3) whether the program is being applied earnestly and in good faith. The updated guidance explains that this third question requires prosecutors to determine if the program is “adequately resourced and empowered to function effectively.” 

Read full article >

FinCEN Releases First Advisory on COVID-19 Illicit Activity, Including New Red Flags for Potential COVID-19 Fraud and Scams

On May 18, 2020, the Department of Treasury's Financial Crimes Enforcement Network (FinCEN) released its first advisory to financial institutions about detecting and preventing COVID-19 fraud. The guidance provides financial institutions with 22 red flag indicators to help identify potential illicit activity related to the pandemic, such as price gouging and hoarding medical supplies; fraudulent cures, tests, and vaccines; and non-delivery scams. FinCEN plans to issue additional advisories about financial crimes related to the pandemic in the future.

Read full article >