Recent Trends in Cross-Border Criminal Enforcement

(40 Ratings)

Produced on: October 20, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate

More and more, the U.S. Department of Justice is investigating and prosecuting criminal conduct that occurs less and less in the United States. These prosecutorial efforts cut across many areas, from violations of U.S. sanctions law, to bribery and other corruption by foreign government officials, securities fraud, environmental crime, tax evasion, and many other areas. This trend shows no signs of abating. Although the Department of Justice deploys many standard investigative techniques and prosecutorial tools in these cases, there are rather unique aspects of the law that bear on these efforts, and there are particular tools that the government uses that differ from traditional criminal cases. On the flip side, cross-border investigations present unique challenges – and opportunities – for defense counsel.

This course introduces reviews the legal issues associated with cross-border criminal investigations, addresses some of the key legal issues, and offers practical guidance to defense counsel. The program is presented by Daniel W. Levy, a principal in the New York office of McKool Smith who previously served as an Assistant United States Attorney for the Southern District of New York.


Learning Objectives:

  1. Survey trends in cross-border criminal enforcement
  2. Discuss the relevance of foreign law to U.S. criminal enforcement
  3. Articulate the legal basis for the Department of Justice’s efforts to investigate and prosecute cross-border criminal activity
  4. Review the limits on the Department of Justice’s efforts in the cross-border arena

Faculty

Daniel W. Levy

McKool Smith

Daniel W. Levy is a principal in McKool Smith’s New York office. He represents clients in white collar defense matters, including regulatory investigations and enforcement proceedings involving both federal and state authorities. Dan also represents plaintiffs and defendants in complex civil litigation, including cross-border disputes. Prior to joining the firm, he served as an Assistant United States Attorney in the Southern District of New York for more than a decade. At the time of his departure, Dan was Senior Trial Counsel.

Dan has conducted more than a dozen jury trials and argued more than sixteen appeals before the United States Court of Appeals for the Second Circuit, including several cases of first impression.  

As a prosecutor, Dan led numerous government investigations, often ones with an international component, and served as counsel in prosecutions of a broad array of fraud offenses, including securities fraud, bank fraud, accounting fraud, money laundering, theft of trade secrets, tax fraud, identity theft, Foreign Corrupt Practices Act violations, and various computer crimes. He was named “Prosecutor of the Year” by the Federal Law Enforcement Foundation in 2011 and 2013.

Since joining McKool Smith, Dan has handled a number of significant cross-border investigations and prosecutions involving individuals and corporate entities. He has also led internal investigations concerning criminal antitrust, accounting fraud, FCPA, and tax matters. Dan frequently advises clients, including financial institutions, on corporate governance and regulatory compliance issues. In 2015, he was appointed as a monitor of an international bank, which involved conducting a global analysis of the bank’s compliance function following an enforcement action by the New York State Department of Financial Services.  

Prior to beginning his government service in 2002, Dan worked as an associate at a large New York firm where he focused on securities litigation, white collar criminal defense, Securities and Exchange Commission enforcement proceedings, and intellectual property disputes. He also served as a law clerk to the Honorable Stephen M. Orlofsky, United States District Judge, in Camden, New Jersey. From 1992 to 1993, he was a Fulbright Scholar in Quito, Ecuador, where he conducted anthropology research.

Dan is a frequent lecturer on money laundering, bank fraud, tax fraud, anti-corruption, and international criminal enforcement, among other topics. He is a Spanish speaker.

Reviews

CR
Chris R.

Very timely and topical with discussions ripped right from the headlines.

HM
Harmony M.

very interesting

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