National DefenseThe recently passed defense authorization act, known as the NDAA, included amendments to the Securities Exchange Act of 1934 (the “Exchange Act”)—having nothing to do with national defense. Section 6501 of the NDAA enhances the SEC’s ability to obtain disgorgement in the wake of two recent Supreme Court cases, Kokesh v. SEC, 137 S.

White HouseOn December 22, 2020, President Donald Trump granted fifteen full pardons and commuted the sentences of five incarcerated individuals. The next day he did it again, granting twenty-six more pardons and three additional sentence commutations. While there is no doubt that a President has the constitutional authority to grant pardons and commute criminal sentences, the

White HouseThe Executive Office of the President issued a remarkable, yet little noticed Memorandum recently that has the potential to revolutionize the way justice is carried out in enforcement proceedings at federal agencies.

The Memorandum directs agencies to provide much greater due process to individuals and companies investigated by these agencies and addresses specific procedural and

Recording IndustryIn our last post on www.doescrimepay.com, former federal prosecutors Steven A. Block and Sarah M. Hall summarized the legal saga of indicted R&B star R. Kelly, one of the world’s best-selling music artists. Kelly’s legal troubles are far from the world of non-violent white-collar crime; indeed, Kelly stands charged with offenses that include racketeering,

Recording IndustryThis week on www.doescrimepay.com, former federal prosecutors Sarah M. Hall and Steven A. Block take the blog in a new direction. We will look back on the legal saga of indicted R&B star R. Kelly and present lessons learned from this non-white collar case for the white collar practitioner.

In today’s Part 1, we

The nation is slowly reopening. Businesses showcase signs that proudly announce “OPEN” in bright neon letters. But the legal landscape is different from the pre-COVID-19 days, and businesses should be aware of the inherent risks involved with re-opening and take the utmost care to ensure employee and customer safety to avoid or minimize government intrusion,

FraudOn March 20, 2020, the Attorney General ordered the Department of Justice (“DOJ”) to prioritize oversight, investigation, and prosecution of misuse of federal funds distributed in response to the COVID-19 pandemic.[1] Now, almost six months later, the DOJ continues to examine instances of “COVID-19 Fraud” for possible civil or criminal prosecution. The DOJ’s prioritization