White-Collar Crime 2023

Kirkland partners Brian Benczkowksi, John Lausch, Kim Nemirow and Sunil Shenoi authored the USA: Law & Practice chapter in the fourth edition of the Chambers and Partners White-Collar Crime Global Practice Guide.

The Chambers and Partners White-Collar Crime Global Practice Guide compiles the views and opinions of leading practitioners from 28 different countries to provide readers with an overview of the various systems of regulation in the field of white-collar crime, practical guidance regarding the application and enforcement of these laws, and insight into potential future developments.

Topics covered in the USA: Law and Practice chapter include, among others:

• Legal framework such as the classification of criminal offenses, statute of limitations, and corporate and personal liability;
• Recent case law and latest developments;
• Enforcement authorities in the U.S., the initiation and powers of investigation, deferred prosecution agreements, and plea agreements;
• White-collar offenses including insider trading, tax evasion, sanctions violations, cybercrimes, and the violation of various statutes including the FCPA, RICO, and the Sherman Act;
• Common defenses and exceptions, including voluntary self-disclosure and whistleblower protections; and
• Burden of proof and the assessment of penalties.