Recent events have upended normal businesses conventions. Yet one corporate concern remains a constant: government investigations. Regardless of the business climate, Sullivan & Cromwell’s Criminal Defense and Investigations Group (CDIG) is poised on the leading edge of enforcement and regulatory activity. In recent months, we have been monitoring and anticipating shifts in enforcement priorities and potential “hot spots” arising from the COVID-19 pandemic—insider trading investigations, scrutiny of recipients of CARES Act funds, reviews of corporate disclosures, False Claims Act probes triggered by cybersecurity breaches at government contractors, among others.
Our group includes more than a dozen former federal or state prosecutors who understand how government authorities pursue cases. Global Investigations Review recognized us as the most active defense counsel in the 2020 edition of their Enforcement Scorecard—a comprehensive overview of the 100 most significant corporate resolutions since 1991.
Our team has collectively handled more than 125 criminal trials in federal and state courts. We are often the first to deal with novel issues raised by regulators and prosecutors, with experience that includes matters arising from 2008 financial crisis, market-manipulation, benchmark rates and spoofing, global corruption, sanctions and anti-money laundering laws, and consumer financial fraud.
To assist our clients on COVID-19 issues during these challenging times, our CDIG partners and lawyers have provided guidance in a series of podcasts and memos.
- Critical Insights podcast: The Impact of COVID-19 on Government Investigations
- Critical Insights podcast: Updates To Cybersecurity Concerns Under COVID-19 (including False Claims Act exposure)
- Critical Insights podcast: OFAC Guidance in Response to COVID-19
- Memo: BSA and AML Compliance Guidance and the Paycheck Protection Program
- Memo: The Financial Crimes Enforcement Network’s Guidance in Response to COVID-19
- Critical Insights podcast: Trends and Priorities in SEC Enforcement
- Critical Insights podcast: DOJ Criminal Division Updates Corporate Compliance Guidance
- Critical Insights podcast: CFTC Releases New Guidance on Civil Monetary Penalties
- Memo: Liu v. SEC – Supreme Court Upholds (but Limits) SEC’s Authority to Seek Disgorgement in Civil Enforcement Actions
- DOJ and SEC Release Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act
Read more about our Criminal Defense and Investigations Group here.