Tag Archives: Helen V. Cantwell

DOJ Announces Initiative to Combat AI-Assisted Crime

by Helen V. Cantwell, Andrew J. Ceresney, Avi Gesser, Andrew M. Levine, David A. O’Neil, Winston M. Paes, Jane Shvets, Bruce E. Yannett, and Douglas S. Zolkind

photos of the authors

Top (left to right): Helen V. Cantwell, Andrew J. Ceresney, Avi Gesser, Andrew M. Levine, and David A. O’Neil
Bottom (left to right): Winston M. Paes, Jane Shvets, Bruce E. Yannett, and Douglas S. Zolkind (photos courtesy of Debevoise & Plimpton LLP)

On February 14, 2024, Deputy Attorney General Lisa O. Monaco announced an initiative within the U.S. Department of Justice to ramp up the detection and prosecution of crimes perpetrated through artificial intelligence (AI) technology, including seeking harsher sentences for certain AI-assisted crimes. Monaco also announced a new effort to evaluate how the Department can best use AI internally to advance its mission while guarding against AI risks.

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SDNY Whistleblower Pilot Program Incentivizes Self-Disclosure and Cooperation

by Helen V. CantwellAndrew J. CeresneyAndrew M. LevineDavid A. O’NeilWinston M. PaesJane ShvetsBruce E. YannettDouglas S. ZolkindErich O. Grosz, and Rebecca Maria Urquiola

Photos of the authors

Top left to right: Helen V. Cantwell, Andrew J. Ceresney, Andrew M. Levine, David A. O’Neil, and Winston M. Paes.
Bottom left to right: Jane Shvets, Bruce E. Yannett, Douglas S. Zolkind, Erich O. Grosz, and Rebecca Maria Urquiola. (Photos courtesy of Debevoise & Plimpton LLP)

On Wednesday, January 10, 2024, the U.S. Attorney’s Office for the Southern District of New York (“SDNY”) launched the SDNY Whistleblower Pilot Program (the “Program”).[1] The Program seeks to incentivize individuals to report criminal wrongdoing—including corporate control failures, state and local bribery, and fraudulent dealings involving public funds—before SDNY learns of the conduct and to fully cooperate with any resulting investigations and prosecutions. U.S. Attorney Damian Williams encouraged individuals “to come clean, cooperate, and get on the right side of the law,” cautioning “[c]all us before we call you.”[2]

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Seven Steps to Mitigate Hazing Risks

by Helen V. Cantwell, Mary Beth Hogan, Arian June, Daniel Alford, Omid Golmohammadi, and Michael Compton McGregor

Top left to right: Helen V. Cantwell, Mary Beth Hogan, and Arian June. Bottom right to left: Daniel Alford, Omid Golmohammadi, and Michael Compton McGregor. (Photos courtesy of Debevoise & Plimpton LLP)

Hazing and abuse in athletics at academic institutions have reached a boiling point recently, with high-profile allegations levied at top universities. These incidents are not only painful for those students personally affected, but they can also result in intense media coverage, reputational harm, and legal actions.

As recent events have shown, it is imperative for academic institutions to have a plan for both preventing and addressing hazing. The best approach is to be proactive, as no institution is above scrutiny and most, if not all, institutions have room for improvement. In order to help mitigate potential legal, financial and reputational risks, administrators and board trustees at these institutions should consider taking the following steps:

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Supreme Court Repudiates “Right-to-Control” Theory Under the Federal Wire Fraud Statute

Editor’s Note: The NYU Law Program on Corporate Compliance and Enforcement (PCCE) is following the recent U.S. Supreme Court decisions in Percoco v. United States and Ciminelli v. United States, which narrow the scope of honest services fraud and eliminate the so-called “Right to Control” theory in federal fraud cases, respectively. Together, these two cases continue a trend of circumscribing the federal government’s ability to prosecute domestic public corruption in the United States. 

by Helen V. Cantwell, Andrew J. Ceresney, Courtney M. Dankworth, John Gleeson, David A. O’Neil, Winston M. Paes, Bruce E. Yannett, Douglas S. Zolkind, and Scott M. Caravello

Photos of the authors

From top left to right: Helen V. Cantwell, Andrew J. Ceresney, Courtney M. Dankworth, John Gleeson, and David A. O’Neil. From bottom left to right: Winston M. Paes, Bruce E. Yannett, Douglas S. Zolkind, and Scott M. Caravello.
(Photos courtesy of Debevoise & Plimpton LLP)

On May 11, 2023, the United States Supreme Court issued its latest opinion in a series of decisions narrowing the scope of the federal fraud statutes.  In that case, Ciminelli v. United States, the Court foreclosed prosecutors’ ability to pursue fraud charges for misrepresentations that did not result in financial harm, but instead deprived victims of information that may have been useful in deciding how to use assets.  In repudiating this theory, known as “right-to-control,” a unanimous Court held that the federal fraud statutes touch only schemes aimed at traditional property interests, like money, and not “mere information.”  To have held otherwise would have meant that “almost any deceptive act could be a crime.”  

Going forward, the Department of Justice will not be able to prosecute a defendant for engaging in mere deceptive or unethical conduct, but must additionally prove that the defendant’s objective was to deprive the victim of money or property.

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DOJ Updates Guidance on Evaluating Corporate Compliance Programs

by Matthew L. Biben, Kara Brockmeyer, Helen V. Cantwell, Andrew J. Ceresney, Andrew M. Levine, David A. O’Neil, David Sarratt, Jonathan R. Tuttle, Mary Jo White, Bruce E. Yannett, Lisa Zornberg, Ryan M. Kusmin, and Jil Simon

On April 30, 2019, Assistant Attorney General Brian Benczkowski announced an updated version of the Evaluation of Corporate Compliance Programs (the “Updated Guidance”).[1] This Updated Guidance supersedes a document of the same name that the Fraud Section of DOJ’s Criminal Division published online in February 2017 without any formal announcement (the “2017 Guidance”). Although not breaking much new ground, we believe the Updated Guidance can serve as a valuable resource for those grappling with how best to design, implement, and monitor an effective corporate compliance program.

In contrast to the 2017 Guidance—which listed dozens of questions to consider in evaluating a compliance program without providing much context—the Updated Guidance employs a more holistic approach. It focuses on three fundamental questions drawn from the Justice Manual:

  • Is the corporation’s compliance program well designed?
  • Is the program implemented effectively?
  • Does the program work in practice?[2]

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