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Category Archives: Investigations

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Nothing to See in This Story about the Electronic Communications Privacy Act

Posted in Cybersecurity, Investigations

Check out this story.  In it, we learn this: Andrew Ceresney, director of the Division of Enforcement at the Securities and Exchange Commission, [told] the Senate’s Committee on the Judiciary at a hearing on Wednesday morning that the pending Electronic Communications Privacy Act Amendments Act would impede the ability of the SEC and other civil law enforcement… Continue Reading

Executive Assistant Embezzles $1 Million from Hewlett Packard; as yet, SEC Doesn’t Care

Posted in Financial Fraud, Investigations, Non-scienter-based Violations

Surely you remember the SEC’s case against Polycom from this spring.  In it, the SEC alleged that Polycom CEO Andrew Miller had “created hundreds of false expense reports with bogus business descriptions for his personal use of company dollars to pay for meals, entertainment, and gifts.”  It’s hard to tell exactly how much is at… Continue Reading

Probably Don’t Do What the Red Cross CEO Just Did

Posted in Investigations

You might have read the NPR/ProPublica story from Monday about the Government Accountability Office’s investigation of the Red Cross, and CEO Gail McGovern’s attempts to end that investigation.  The article says that in 2014 the GAO “started an inquiry into the Red Cross’ federally mandated role responding to disasters and whether the group gets enough… Continue Reading

Texas Supreme Court Applies Absolute Privilege to Statements in FCPA Investigations

Posted in FCPA, Investigations

You may remember the 2013 Texas Court of Appeals case involving Shell Oil Company and Robert Writt.  We covered it here, and it left FCPA internal investigations based in Texas in an awkward spot.  To recap very briefly, in 2007 the Justice Department asked Shell to conduct an investigation into potential FCPA violations, and the… Continue Reading

Michael Garcia Now Just Taunting FIFA

Posted in Investigations

And I say that in the most complimentary way.  If you haven’t been following this story, here’s a quick recap:  FIFA awarded the 2018 and 2022 World Cups to Russia and Qatar, respectively.  This raised eyebrows, as they say.  Didn’t we just endure a crazily expensive and possibly corrupt Winter Olympics in Sochi?  And what… Continue Reading

Charged with Interpreting “Officer” in Corporate By-Laws, Third Circuit Decides 12 Random People Are Better Suited for the Job

Posted in Investigations

Here are two things I thought when I was a kid: (1) Quicksand was a real threat, something that could suck me into the Earth if I wasn’t careful when walking around outside.  I don’t know if this was a function of too many episodes of Gilligan’s Island or what, but quicksand seemed both exotic… Continue Reading

Keeping Internal Investigations Independent and Conflict-Free

Posted in Accounting Fraud, Auditors, Financial Fraud, Investigations

Internal investigations can arise in a number of different ways and can concern a number of different subjects.  Allegations of financial misconduct, employment-related missteps, and breaches of fiduciary duty, among others, can all lead a company in that direction.  Grand jury subpoenas, search warrants, target letters, media reports, whistleblower claims, audit reports, and routine risk… Continue Reading