Overview The Transactional Records Access Clearinghouse (TRAC), housed at Syracuse University, researches and distributes data about the federal government’s enforcement work. As TRAC itself explains, it seeks to answers questions about government enforcement work – questions that burn in the souls of lawyers who defend companies and people being investigated or prosecuted for crimes or…

The Federal Government wants employees of contractors and subcontract and independent contractors to disclose to the government instances of fraud, waste, abuse of authority; violations of law, regulations or policies; or substantial and specific danger to public health or safety. Once someone makes a disclosure of this nature, laws and regulations protect them so they…

My good friends and esteemed colleagues over at Law Offices of Sara Kropf, Sara Kropf and Dan Portnov, recently wrote a blog post asking the white-collar defense community whether they have encountered federal government contractors rather than government employees, prosecutors and federal agents conducting government investigations. Read the full post: Government Contractors Conducting Investigations: A…

In my line of work, I collaborate with risk management executives a lot. I have learned much from them since they are indispensable to the process of conceptualizing and mitigating business risks and legal risks. When working through a challenging legal issue that may cause the &$%* to hit the fan, many risk management leaders…

According to a recent DOJ non-prosecution agreement (NPA) with Credit Suisse Hong Kong, the popular Take Our Daughters and Sons to Work Day got a little twisted. According to the facts in the NPA, the daughter of a high-ranking Chinese foreign official took her mom on her Credit Suisse business trips. This was possible because…

Question: What do: Cuban cigars A gas line to a heated pool Dinners at a French restaurant A job with a prestigious bank A charitable contribution Have in common? Answer: Each was considered a bribe in a corruption and/or racketeering scheme to improperly influence a government official or government employee to use their position to…

Entering a relationship with a new client, sales consultant, joint venture partner, or any other entity merits thoughtful consideration to protect your business’ value. Likewise, once you enter a relationship, you need to make sure the relationship stays healthy and productive over time. This is especially true when working with governments or doing business internationally…

Former Defense Secretary Donald Rumsfeld, when speaking about the Iraq War, took a lot of “writ” for saying there are unknown unknowns and that the unknown unknowns are difficult to manage. No doubt it is a weird statement on its face. But, most folks who manage risk for a living understand that the unknown unknowns…

FOCI – Foreign Ownership, Control and Interest Given the information and technology that U.S. defense contractors have and the role they play in U.S national security, U.S. defense contractors need to be particularly concerned about the dangers of the world. To manage the wild and dangerous world, regulations, particularly those detailed in the National Industrial…

“Oh baby, baby, it’s a wild world.” -Yusuf Islam, formerly known as Cat Stevens To assist businesses in operating in this wild world, the U.S. government tries to pass laws that it thinks will protect businesses and U.S. national security. The Foreign Agent Registration Act (22 U.S.C. 611 et seq.; 28 CFR Part 5) (FARA)…

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