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/ White Collar
Document Subpoena from US Authorities: Critical Steps
December 13, 2023
/ by
Hadar Israeli
When an individual or a corporation receives a document subpoena from the United States Department of Justice (DOJ), from a US regulatory authority like the Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC), or from any other law enforcement agency in the US, it is very important to know what to do next to ensure the first response serves the client’s legal interests and best defense. More importantly, the initial response must not compromise or harm the best possible legal strategy down the road.
See full post >
Criminal Law and the Adoption of the “Aggregation Theory”
May 29, 2022
/ by
Eran Elharar
Israeli courts have adopted the “aggregation theory” when approaching the task of convicting defendants. It now seems this theory might also be applied to the “abuse of process” defense.
See full post >
Extradition and Prosecution of Israelis by Foreign Courts
November 15, 2021
/ by
Hadar Israeli
In recent weeks, numerous news articles have reported on the arrests of Israeli citizens resulting from foreign investigations conducted abroad. In one instance, more than 20 employees of a Tel Aviv based company engaging in forex investment marketing were arrested following an FBI investigation.
See full post >
Indictments Filed in US for Fraudulent Receipt of Federal Financial Assistance from CARES Act
August 12, 2021
/ by
Hadar Israeli
With the outbreak of the COVID-19 pandemic, the United States government enacted the Coronavirus Aid, Relief and Economic Security (CARES) Act. The volume of assistance, totalling USD 2.8 trillion, provided financial aid to individuals and organizations facing economic hardship and access to loans with convenient terms for the purpose of paying salaries and other specific expenses under a program called the Paycheck Protection Program (PPP). Many Israeli companies operating in the United States also submitted applications for grants and loans under the PPP. The initiative, while commendable, also opened the door for those seeking to exploit the government assistance to commit fraud and deceit.
See full post >
Implications of European Whistleblower Protection Directive on Israeli Companies
July 13, 2021
/ by
Zvi Gabbay
By October, companies in the European Union employing at least 50 employees will be required to operate an internal reporting system for reporting misconduct that may indicate compliance violations. Furthermore, all companies in the EU, regardless of size, will be required to ensure the protection of whistleblowers from all types of retaliation. The EU Whistleblower Protection Directive originally came into force in October 2019. It gave EU member states two years to prepare to incorporate the directive into their national legislation. Prior to the enactment of the directive, no uniform binding legislation applied to all EU member states and only 10 member states had enacted national legislation in this regard. The upcoming inception of national whistleblower protection laws throughout the EU will naturally trigger a ripple effect.
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The Ultimate Guide to eDiscovery
September 8, 2020
/ by
Hadar Israeli
,
Shir Rozenzweig
This has opened the door to an era of massive discovery of thousands different kinds of documents of between the parties (Word documents, PDFs, Excel spreadsheets, emails, photos, and audio files), which was uncommon in the days of paper and binders.
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Facing A Criminal Investigation? Why It’s Important to Consult an Attorney Beforehand
June 9, 2020
/ by
Eran Elharar
Facing Criminal Investigation? Why It Is Important to Consult an Attorney Beforehand
See full post >
The Offense of Bribery
March 30, 2020
/ by
Hadar Israeli
,
Shir Rozenzweig
What is the definition of bribery in Israeli law and what are the maximum penalties for it?
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Taking Testimony in Israel for Criminal Trials in the United States
March 23, 2020
/ by
Hadar Israeli
,
Shir Rozenzweig
Recently, United States federal courts have been more frequently approving the extra-territorial collection of testimony for use in criminal trials to be held in the United States. While the collection of such testimony for civil proceedings held in US courts is already commonplace, until now it has been a very rare occurrence in criminal proceedings.
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United States: Enhanced Enforcement Policy regarding Anti-Corruption and Bribery Law on Non-US Citizens and Companies
January 22, 2020
/ by
Hadar Israeli
Hoskins, a British national and former executive of Alstom SA, a French company was convicted by an American federal court of violating the Anti-Corruption and Bribery Law. This is an important red flag for any person or company conducting activity in the United States.
See full post >