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Is the Trump Administration Charting a New Course Away from the Duplicative Fines of the Financial Crisis?

By Neil Bloomfield and Kristen Kenley  Double jeopardy prevents criminal defendants from being convicted of the same crime twice.  Res judicata prevents civil litigants from facing repeated claims by an overly aggressive plaintiff. Unfortunately, in the years after the financial crisis financial institutions were essentially unprotected from receiving multi-million dollar demands by multiple regulators for the same conduct.  The financial industry may soon experience a welcome shift from the Government’s burdensome and duplicative practice as policy changes at the ...

Cain Takes the Reins as Chief of SEC's FCPA Unit

With the official announcement that Charles Cain will replace Kara Brockmeyer as head of the SEC's Foreign Corrupt Practices Act (FCPA) Unit, it is more likely that we will see a return to the enforcement trends and outcomes of recent years. Mr. Cain has served as Acting Chief of the FCPA Unit since April 2017, and directly supervised recent enforcement actions, including the $965 million global settlement with Sweden-based telecommunications provider Telia Company AB announced in September this year.

Mr. Cain helped write the book on the SEC and DOJ's enforcement views and ...

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