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Category: Schnader Investigates, A Criminal Defense and Internal Investigations Blog

Taking Statements During Internal Investigations: Garrity and the Fifth Amendment May Prevent Use in Subsequent Legal Proceedings

On October 22, 2018 by Schnader in Criminal Defense

By Osazenoriuwa Ebose and Laurel Gift. In the wake of a recent trial decision in U.S. v. Connolly,[i] companies should consider taking extra precautions when conducting employee interviews during an internal investigation. Such safeguards may be especially important when governmental investigations could be perceived to have an influence over the internal investigations of a private […]

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Federal Court Finds ICOs May Be Securities for Purposes of Criminal Prosecution

On September 28, 2018 by Schnader in News

By Danielle Bruno and Laurel Gift. For the first time, a federal court has determined that initial coin offerings (“ICOs”) may be considered investment contracts for the purposes of a criminal securities fraud prosecution by the Department of Justice. The case, United States v. Zaslavskiy[1], represents a potentially groundbreaking decision about the jurisdiction of […]

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Philadelphia U.S. Attorney Pledges to Prosecute Trade Secret Theft

On September 25, 2018 by Schnader in News

By Laurel Gift In response to two guilty pleas in two weeks relating to an intricate conspiracy to steal biomedical research, U.S. Attorney for the Eastern District of Pennsylvania, William M. McSwain pledged his support for prosecution of trade secret theft and economic espionage.  Such prosecutions are viewed by McSwain as […]

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The DOJ’s New Officially Unofficial Policy May Enable Federally Regulated Business To Avoid Criminal Charges

On September 4, 2018 by Schnader in Criminal Defense

By Laurel Gift and Danielle Morrison. Last November, Deputy Attorney General Rod Rosenstein announced a new enforcement policy. Under the new policy, businesses subject to the Foreign Corrupt Practices Act (“FCPA”) may avoid criminal liability by self-reporting wrongdoing, fully cooperating with Department of Justice (“DOJ”) investigations, and demonstrating timely and appropriate remediation […]

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