Tag Archives: Jane Shvets

DOJ National Security Division Issues First-Ever Declination Under Enforcement Policy

by Satish M. Kini, David A. O’Neil, Jane Shvets, Rick Sofield, Douglas S. Zolkind, Carter Burwell, Connor R. Crowley, and Hillary Hubley

Photos of the authors

Top left to right: Satish M. Kini, David A. O’Neil, Jane Shvets, and Rick Sofield. Bottom left to right: Douglas S. Zolkind, Carter Burwell, Connor R. Crowley, and Hillary Hubley. (Photos courtesy of Debevoise & Plimpton LLP)

Key Takeaways

  • Even in criminal national security matters, early self-reporting, remediation and cooperation can enable companies to avoid prosecution and penalties.
  • Federal enforcement agencies are continuing to collaborate in investigating and prosecuting criminal cases at the intersection of national security and corporate crime.
  • Multinational corporations and academic institutions should be aware of the risk of outsiders fraudulently affiliating themselves with legitimate institutions to skirt export control laws.

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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. Cantwell, Andrew J. Ceresney, Andrew M. Levine, David A. O’Neil, Winston M. Paes, Jane Shvets, Bruce E. Yannett, Douglas S. Zolkind, Erich 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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Congress Passes Foreign Extortion Prevention Act, Targeting “Demand Side” of Foreign Bribery

by Kara Brockmeyer, Andrew M. Levine, David A. O’Neil, Winston M. Paes, Jane Shvets, Bruce E. Yannett, Douglas S. Zolkind, and Erich O. Grosz

Top left to right: Kara Brockmeyer, Andrew M. Levine, David A. O’Neil, and Winston M. Paes
Bottom left to right: Jane Shvets, Bruce E. Yannett, Douglas S. Zolkind, and Erich O. Grosz (Photos courtesy of Debevoise & Plimpton LLP)

On December 14, 2023, the U.S. Congress approved the Foreign Extortion Prevention Act (“FEPA”), which will make it a federal crime for any foreign government official to demand or receive a bribe from a U.S. citizen, resident or company in exchange for taking or omitting to take official action or conferring any improper business-related advantage.[1] This legislation, which is part of the National Defense Authorization Act and expected to be signed into law by President Biden, substantially expands U.S. enforcement authority with respect to foreign bribery and aligns with the Biden Administration’s elevation of anti-corruption enforcement to a national security priority.

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OFSI Publishes Updated Enforcement and Penalty Guidance

by Satish M. Kini, Jane Shvets, Karolos Seeger, and Konstantin Bureiko

Key takeaways:

  • On 8 June 2022, the United Kingdom’s Office of Financial Sanctions Implementation (OFSI) announced that its new strict liability enforcement standard and updated accompanying guidance would take effect on 15 June 2022.
  • The guidance reflects key measures in the Economic Crime (Transparency and Enforcement) Act 2022, including: the new strict liability test for imposing civil monetary penalties; changes to the review of monetary penalties; and a new ability for OFSI to publish details of breaches where it has not imposed a monetary penalty.

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District Court Addresses Issues Arising from Corporate Investigations and Voluntary Cooperation with DOJ

by Andrew M. Levine, Jane Shvets, and Bruce Yannett

A judge in the District Court of New Jersey recently held that voluntary cooperation with a DOJ investigation is insufficient by itself to establish personal jurisdiction over a foreign entity but can broadly waive privilege. This ruling, issued on February 1, 2022 by Judge Kevin McNulty, involves the ongoing trial of former Cognizant executives Gordon Coburn and Steven Schwartz.[1] Coburn and Schwartz allegedly violated the Foreign Corrupt Practices Act (the “FCPA”) in connection with Cognizant’s business in India, the basis of Cognizant’s settlement with the SEC and its declination with disgorgement with DOJ in 2019.[2]

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UK Introduces Magnitsky-Style Human Rights Sanctions Regime

by Karolos Seeger, Jane Shvets, Catherine Amirfar, Andrew M. Levine, Natalie L. Reid, David W. Rivkin, Alan Kartashkin, Konstantin Bureiko, and Martha Hirst

On 6 July 2020, the UK implemented a new sanctions regime targeting global human rights abuses, which allows the UK government to impose asset freezes and travel bans on persons it determines to have committed serious human rights violations. These restrictions have initially targeted 49 persons from Myanmar, Russia, Saudi Arabia and North Korea.

This is the first time since Brexit that the UK has diverged from EU sanctions policy. Although many of the targets and restrictions are broadly aligned with the “Magnitsky”-style sanctions previously implemented by the United States and Canada, the UK regime has some important differences. Companies operating in the UK will need to ensure that their sanctions systems and controls reflect this new regime.

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COVID-19: Three Data Protection Tips for the EU and the UK

by Jeremy Feigelson, Avi Gesser, Jane Shvets, Ariane Fleuriot, Fanny Gauthier, Robert Maddox, and Dr. Friedrich Popp

As businesses adapt to the COVID-19 pandemic, the challenges of managing a remote workforce and its desire for information about the virus’s impact have significant data protection implications. While European Data Protection Board (“EDPB”) guidance (PDF: 211 KB) confirms that the GDPR should not impede the fight against the pandemic, even in these exceptional times, companies must continue to safeguard individuals’ data protection rights.

We share here our top three tips for those who oversee data protection compliance, drawing on guidance from the EDPB (PDF: 211 KB), UK, French, German, and Irish supervisory authorities. Links to other authorities’ guidance are accessible here. Continue reading →

The EPPO and International Co-Operation –– New Kid on the Block

by Karolos Seeger, Jane Shvets, Robin Lööf, Alma M. Mozetič, Martha Hirst, Antoine Kirry, Alexandre Bisch, Ariane Fleuriot, Dr. Thomas Schürrle, Dr. Friedrich Popp, Dr. Oliver Krauß

The European Public Prosecutor’s Office (“EPPO”) is a new European Union body responsible for investigating and prosecuting criminal offences affecting the EU’s financial interests in 22 of its 28 Member States.[1] The EPPO is expected to begin investigations in November 2020.

Fraud against the financial interests of the EU is an international phenomenon: in 2018, the European Anti-Fraud Office (“OLAF”) concluded 84 investigations into the use of EU funds, 37 of which concerned countries outside the EU.[2] In this part of our series of analyses of the EPPO[3] we, therefore, consider the framework for the EPPO’s future international co-operation. This includes dealings with enforcement authorities in non-participating EU Member States as well as the rest of the world.

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U.K. and U.S. Sign Landmark Cross-Border Data Sharing Agreement

by Jeremy Feigelson, Karolos Seeger, Jane Shvets, Robin Lööf, Robert Maddox, and Alma M. Mozetič

On October 3, 2019, the United Kingdom and the United States signed a landmark data sharing agreement to give law enforcement agencies in one country faster access to digital evidence held by service providers, such as web hosts and social media companies, located in the other (the “Agreement”).[1]  The material scope of the Agreement is wide, including fraud, cyberattacks, corruption, and other serious offences.  The Agreement aims to provide an alternative, faster mechanism to the current system based on government-to-government requests pursuant to Mutual Legal Assistance Treaties (“MLATs”).  Under the Agreement, law enforcement authorities will be able to compel production directly from service providers.  The hope is that this will reduce waiting times to weeks or sometimes days.  The Agreement is expected to enter into force following review by the U.K. Parliament and the U.S. Congress, in early April 2020. Continue reading →