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Document Subpoena from US Authorities: Critical Steps
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.
Cooperating May Credit Corporations with Leniency in Enforcement
Law enforcement authorities in the United States are adopting a policy of lenient law enforcement measures against corporations that cooperate during investigations, document their activities, and implement compliance programs. This policy also applies to Israeli companies operating in the United States.
Global Trends in Law Enforcement against Corruption Crimes
Corruption crimes and other economic offenses are being tackled more stringently in the global arena, but it appears the Israeli government’s wave of legislation could catapult it outside the global trend, and thus subject Israeli entities and individuals to international enforcement.
Hadar Israeli Featured on Ynet Panel on Zadorov Verdict
As an expert on criminal law and white-collar crime, Hadar Israeli was asked to participate today in Ynet’s live panel discussion on the verdict in the Roman Zadorov trial.
Suspected Embezzlement at Moshav Ahisamakh
Our office represents a senior official under investigation in connection with suspicions of embezzlement, estimated at approximately NIS 120 million that were allegedly wrongfully obtained from the agricultural association at Moshav Achisemech.
Hadar Israeli and Jacki Silbermann Op-Ed in Calcalist – Should Israel Be Worried about the US Supreme Court Ruling on Abortion?
The Israeli legal system, like many others, often relies on US precedents and views the US constitution and legal system as a model. Will the US Supreme Court’s decision to overturn Roe v. Wade affect abortion in Israel as well?
Representing Amir Birman before Supreme Court
Advs. Hadar Israeli, Eran Elharar, and Shir Rozenzweig represented Amir Birman, one of the directors of Keren Or, in a sentencing appeal. The Supreme Court significantly reduced his sentence and granted him permission to appeal to Israel’s President for a pardon.
Representing Granite CEO Accused of Fraud
The Israel Securities Authority arrested and released under restrictive conditions the CEO of Granite Securities Portfolio Management. He is suspected of fraudulently receiving loans from the company's clients, presenting false representations regarding the loans, and presenting false representations of providing investment advice in accordance with the law, at a scale of NIS 6.5 million. The client is represented by firm partner Hadar Israeli.
Representing CEO of Real Estate Company Alleged to Have Defrauded Investors of ILS Tens of Millions
Adv. Hadar Israeli is representing Moti Abergil, the CEO of Yeadim Real Estate Group, in an investigation against him led by the Israel Securities Authority.
Hadar Israeli Interviewed about Extradition Proceedings on Channel 12's "Galit and Yoav"
Hadar Israeli, a partner in our firm, was interviewed on the Channel 12 television program hosted by Galit Gutman and Yoav Limor. She explained the difference between an extradition and a summons to an interrogation. You are invited to watch (starting at 32:00).
Extradition and Prosecution of Israelis by Foreign Courts
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.
Indictments Filed in US for Fraudulent Receipt of Federal Financial Assistance from CARES Act
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.
Israel Securities Authority – What Constitutes Securities Fraud?
The Israel Securities Authority recently published a staff position on situations it believes indicate fraudulent securities trading and which justify opening a criminal investigation.
The Ultimate Guide to eDiscovery
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.
Israel Securities Authority Publishes Sentencings Guidelines for Administrative Procedures
For the first time, the Israel Securities Authority has published Sentencing Guidelines for Administrative Procedures which contain the considerations guiding its determination of sanctions for individual violators and corporations in an administrative procedure.
Israel and the US: Encouraging Corporations to Investigate Potential Misconduct on Their Own
Columbia Law School's Blue Sky blog published an article co-written by Hadar Israeli and Eran Elharar of Barnea and Joseph Facciponti and James Goldfarb of the New York law firm Murphy & McGonigle. The article provides a comparative view of Israel and the US on corporate internal investigations.
The Offense of Bribery
What is the definition of bribery in Israeli law and what are the maximum penalties for it?
Taking Testimony in Israel for Criminal Trials in the United States
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.
Hadar Israeli Lectures on Bribery in Israel and Legislative Initiatives
United States: Enhanced Enforcement Policy regarding Anti-Corruption and Bribery Law on Non-US Citizens and Companies
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.
Seminar on Multi-Jurisdictional Litigation
Our firm hosted today the Israeli Directors' Union for a seminar on multi-jurisdictional litigation. The seminar examined the considerations when a corporate crisis breaks out and a company's board of directors and management are required to build a multi-jurisdictional litigation package. The seminar was held in collaboration with Dechert LLP. Adv. Hadar Israeli lectured on managing a legal crisis when a conflict of interest exists between management and the board.
Lee Elbaz Trial Ends with Sentencing
Our firm served along with US attorneys as representation for Lee Elbaz, the CEO of Yukom Communications, in her criminal trial in the United States. Lee was convicted of binary options fraud in August and sentenced last week. Dr. Zvi Gabbay and Adv. Hadar Israeli, who represented Elbaz from her arrest, were interviewed by the media following the sentencing in a Maryland federal court. According to them, "The degree of harshness in US prosecutorial policies and in sentences for economic offenses is infinitely higher than in Israel. "
Tel Aviv Court Allows Yehuda Levy to Join Legal Proceedings against Eshkolot
The Tel Aviv Economic Court allowed the actor Yehuda Levy to join Shaham, the largest actors' organization in Israel, and a group of fellow artists in their legal dispute with the management of Eshkolot. Advs. Zohar Lande, Hadar Israeli and Eyal Nachshon are representing Shaham and the artists.
Compliance and Ethics in Corporations
The clear advantages of inculcating an enforcement and compliance culture are expressed not only in routine times, but also in times of crisis, and they can “tip the balance” and make all the difference.
Lecture by Hadar Israeli on Administrative Enforcement in Israel
Adv. Hadar Israeli, a partner in our Capital Markets Department, lectured on administrative enforcement in Israel during a seminar organized by EY on fraud and scam risk management. During the lecture, Hadar presented how an organization should handle a crisis when an investigation has already begun and also discussed the importance of having organized enforcement programs.
Actor Yehuda Levy Joins Legal Proceedings against Eshkolot
Actor Yehuda Levy has joined Shaham, the largest actors' organization in Israel, and a group of fellow artists in their legal dispute with the management of Eshkolot. Advs. Zohar Lande, Hadar Israeli, and Eyal Nachshon are representing Shaham and the artists.
Administrative Enforcement Committee Approves Agreement between ISA and Kitov Pharma Ltd.
The Administrative Enforcement Committee of the Israel Securities Authority (ISA) approved an administrative enforcement agreement between the ISA, Kitov Pharma Ltd., and a few of its officers. According to the agreement, which concludes the criminal investigation by the ISA, the company and its officers will pay a monetary sanction. Our firm represented the company and its CEO in the process.
Representing the Israeli Actors' Association in a Royalties Litigation Process against Eshkolot
Our firm is representing Shaham, the largest actors' organization in Israel, as well as a group of artists, in a legal dispute with the management of Eshkolot, a company that handles collection, management, and distribution of royalties to all artists in Israel.
In this context, Advs. Zohar Lande, Hadar Israeli and Eyal Nachshon submitted a request to the Economic Department of the Tel Aviv District Court to receive documents before filing a derivative claim over irregularities and defects. The request asks Eshkolot to present information on the manner in which royalties are collected from the various broadcasting organizations.
Event: The Role of Boards of Directors in Maintaining Honesty
Our firm hosted today the Israel's Directors Union for a seminar on the prevention of bribery and corruption. Dr. Zvi Gabbay lectured on the duties of boards of directors in Israel, and Adv. Hadar Israeli presented the American perspective.
Event Invite: Inside Information in Public Companies
We are holding a seminar on inside information following several recent Israel Securities Authority investigations of senior officials in public companies. The seminar will feature discussions on the use of inside information, how to carry out internal enforcement, and the legal implications of an open investigation of an officer and his company. The event is geared to CEOs, VPs, and CFOs of public companies.
Event Invite: The Legal Advisor's Role When Dealing with a Company in Crisis
Together with the Association of Corporate Counsels, we are holding on February 6th a seminar on the legal advisor's role when a company is in crisis. The seminar will feature a simulation of a multi-crisis event, with participants focusing on managing the crisis opposite regulators, media, business partners, and employees.
Chambers & Partners Anti-Corruption Guide 2019
Dr. Zvi Gabbay and Hadar Israeli of the firm's Capital Markets Department contributed to the Chambers and Partners anti-corruption guide, which provides expert legal commentary on key issues for businesses.
Managing Anti-Bribery and Corruption Issues: US, EU & Israeli Perspectives
Barnea and BCLP hosted a seminar today on cross-border anti-corruption investigations. Dr. Zvi Gabbay and Hadar Israeli, partners from our Capital Markets Department, presented the issue from the Israeli perspective.
Event Invite: Managing Anti-Bribery and Corruption Issues: US, EU & Israeli Perspectives
Join Barnea and BCLP for a seminar on cross-border anti-corruption investigations.