Blank Rome LLP

PUBLICATIONS

• Landmark Decision Reverses Off-Label Promotion Conviction on First Amendment Grounds

  [Alert]
  For The Defense
  March 2013 (No. 1)
  Joseph G. Poluka
  

• FATCA Update: Treasury Department Extends Due Diligence Deadlines And Announces It Is Engaging With More Than 50 Countries To Crack Down On Offshore Tax Evasion

  [Alert]
  Business Tax / White Collar
  November 2012 (No. 5)
  Matthew D. Lee, Jennifer Lynn Bell and Jeffrey M. Rosenfeld
  

• Internal Revenue Service Announces Streamlined Compliance Procedures For Non-Resident, Non-Filing Taxpayers

  [Alert]
  Business Tax / White Collar
  October 2012 (No. 4)
  Matthew D. Lee and Jeffrey M. Rosenfeld
  

• DOJ Casts Considerable Confusion Over Key Aspects of the Foreign Corrupt Practices Act Even As it Prepares to Publish Official FCPA Guidance

  [Alert]
  For The Defense
  September 2012 (No. 3)
  Shawn M. Wright, Henry F. Schuelke III and Ariel S. Glasner
  

• Internal Revenue Service Releases Guidance For 2012 Offshore Voluntary Disclosure Program And Offers Relief For U.S. Taxpayers Residing Abroad

  [Alert]
  Business Tax / White Collar
  July 2012 (No. 3)
  Matthew D. Lee
  

• FBAR Reminder: U.S. Taxpayers Must Report Foreign Bank Accounts by June 29, 2012

  [Alert]
  Business Tax / White Collar
  June 2012 (No. 2)
  Joseph T. Gulant, Matthew D. Lee and Jennifer Lynn Bell
  

• For the Defense

  [Alert]
  For the Defense
  Spring 2012
  Joseph G. Poluka, Shawn M. Wright, James R. Billings-Kang, Nicholas C. Harbist, Henry F. Schuelke III, William B. Shields, et al.
  

• Pharmaceutical Criminal Liability: Continuing Risks for Executives and In-House Counsel

  [Article]
  Pharma Compliance Monitor
  April 23, 2012
  Joseph G. Poluka
  

• Globalism and Its Attendant Consequences on FCPA Enforcement

  [Article]
  The National Law Journal
  April 9, 2012
  Shawn M. Wright and James R. Billings-Kang
  

• Current Trends In Health Care Fraud Enforcement

  [Article]
  Law360
  February 29, 2012
  Nicholas C. Harbist and Joelle Epstein
  

• Latest Insider Trading Arrests Part of Government’s “Perfect Hedge”

  [Alert]
  For the Defense
  February 2012 (No. 2)
  James V. Masella III and Ryan J. Casson
  

• Not a Paper Tiger: Current Trends in Health Care Fraud Enforcement

  [Alert]
  For The Defense
  February 2012
  Joelle Epstein and Nicholas C. Harbist
  

• Prepare for Round 3: IRS Reopens Offshore Voluntary Disclosure Program

  [Alert]
  Business Tax/White Collar Alert
  January 2012 (No. 1)
  Matthew D. Lee and Jennifer Lynn Bell
  

• Corporate Hospitality Packages for the London 2012 Olympics and Infringement of the UK Bribery Act - Much Ado About Nothing?

  [Alert]
  White Collar Defense and Investigations
  December 2011 (No. 5)
  Jennifer Peru Gary and Shawn M. Wright
  

• Preview Of Coming Attractions: Enhanced Foreign Asset Reporting Rules On The Horizon

  [Alert]
  White Collar/Business Tax Alert
  December 2011 (No. 1)
  Matthew D. Lee and Jeffrey M. Rosenfeld
  

• Knock, Knock—Is Your Company Prepared For a Search Warrant?

  [Alert]
  For the Defense
  November 15, 2011
  Gregory F. Linsin
  

• Ethical Electronics: New Guidance on Protecting the Confidentiality of Attorney-Client E-mails

  [Alert]
  For the Defense
  November 15, 2011
  Joseph G. Poluka and Michelle Gitlitz Courtney
  

• Corporate Counsel Beware: Limits Of ‘No Contact Rule’

  [Article]
  Law360
  October 7, 2011
  Matthew D. Lee
  

• August 31 Deadline for Participating in IRS Offshore Voluntary Disclosure Initiative Is Rapidly Approaching

  [Alert]
  White Collar Defense and Investigations
  August 2011 (No. 4)
  Matthew D. Lee
  

• Possible Amendments to the FCPA Considered During Recent House Judiciary Subcommittee Hearing

  [Alert]
  White Collar Defense and Investigations
  June 2011 (No. 3)
  Shawn M. Wright and Jennifer Peru Gary
  

• Foreign Corrupt Practices Act “Foreign Official” Defense Challenges Denied By California Federal Judges

  [Alert]
  White Collar Defense and Investigations
  June 2011 (No. 2)
  Shawn M. Wright and Jennifer Peru Gary
  

• The Crackdown On Undeclared Foreign Bank Accounts

  [Article]
  Law360
  April 12, 2011
  Matthew D. Lee
  

• Foreign Bank Account Reporting and Enforcement Update: U.S. Files Suit Against HSBC Seeking Account Records

  [Alert]
  White Collar Defense and Investigations
  April 2011
  Matthew D. Lee
  

• Treasury Department Issues New Foreign Bank Account Reporting Rules

  [Alert]
  White Collar Defense and Investigations
  March 2011
  Matthew D. Lee
  

• New Jersey Ramps Up Healthcare Fraud Enforcement

  [Alert]
  For the Defense
  March 1, 2011
  Nicholas C. Harbist
  

• The Impact of Dodd-Frank’s “Incentivized” Whistleblower Provisions on Corporate Compliance Programs

  [Alert]
  For the Defense
  February 2010
  

• Internal Revenue Service Announces Second Amnesty Program for Foreign Bank Accounts: Deadline to Report Offshore Assets is August 31, 2011

  [Alert]
  Client Alert
  February 9, 2011
  Matthew D. Lee and Jennifer Lynn Bell
  

• Foreign Bank Account Enforcement Update: The Justice Department Closes the UBS Case While the IRS Announces That a Second Amnesty Program Is Likely

  [Alert]
  White Collar Defense and Investigations
  December 2010 (No. 2)
  Matthew D. Lee
  

• Foreign Bank Account Enforcement Update: The Justice Department Closes the UBS Case while the IRS Announces that a Second Amnesty Program is Likely

  [Article]
  Practical International Tax Strategies
  November 30, 2010
  Matthew D. Lee
  

• Are Facebook Postings Discoverable?

  [Alert]
  For The Defense
  October 2010 (No. 4)
  Joseph G. Poluka and Michelle Gitlitz Courtney
  

• An Update Regarding The U.S. Government’s Foreign Bank Account Enforcement Efforts

  [Alert]
  For The Defense
  October 2010 (No. 4)
  Matthew D. Lee and Inbal Paz
  

• New DOJ Leadership Drives Heightened Criminal Enforcement of White Collar Cases

  [Alert]
  White Collar Defense and Investigations
  June 2010 (No. 1)
  Nicholas C. Harbist
  

• Bribery Act Reflects UK’s No-Tolerance Policy for Corruption

  [Alert]
  For The Defense
  June 2010 (No. 3)
  Shawn M. Wright
  

• Steroids In Baseball Impact More Than Just Home Runs: Ninth Circuit Establishes New Limitations On The Seizure of Electronically Stored Information

  [Alert]
  For the Defense
  October 2009 (No. 14)
  Matthew D. Lee
  

• Internal Revenue Service Announces Extension of Deadline For Voluntary Disclosure Settlement Initiative

  [Alert]
  White Collar, Internal & Government Investigations Alert
  September 2009 (No. 2)
  Ian M. Comisky and Matthew D. Lee
  

• District Court Rules That Government Is Precluded From Using Attorney-Client Privileged Information Obtained By Corporate Counsel and Turned Over Following Internal Investigation

  [Alert]
  For The Defense
  June 2009 (No. 13C)
  Matthew D. Lee
  

• The Peiser Case–A Vivid Example of Discovery Violations

  [Alert]
  For The Defense
  June 2009 (No. 13B)
  Jerry D. Bernstein
  

• “A Cancerous Effect on the Administration of Justice”—What Can Be Done About the Rash of Flagrant DOJ Discovery Violations?

  [Alert]
  For The Defense
  June 2009 (No. 13)
  Gregory F. Linsin
  

• IRS Announces New Voluntary Disclosure Guidelines for Undeclared Offshore Bank Accounts

  [Alert]
  White Collar, Internal & Government Investigations Alert
  May 2009 (No. 1)
  Ian M. Comisky and Matthew D. Lee
  

• Increased IRS Scrutiny of Offshore Activity: Raising the Stakes for U.S. Citizens with Bank Accounts Abroad

  [Article]
  Journal of International Taxation
  January 2009
  Ian M. Comisky and Matthew D. Lee
  

• SEC Investigations Combat Manual

  [Alert]
  For the Defense: White Collar Alert
  Winter 2008 (No. 9)
  James V. Masella III and Ryan Cronin
  

• U.S. Sentencing Commission Considers Alternatives to Incarceration a Top Priority

  [Article]
  Andrews White Collar Crime Reporter
  October 30, 2008
  Matthew D. Lee
  

• Second Circuit’s Ruling Puts an End to Wall Street Specialist Cases

  [Alert]
  For the Defense
  Fall 2008 (No. 7)
  Joseph G. Poluka
  

• Major Revisions to DOJ Policy for Corporate Prosecutions

  [Alert]
  For the Defense
  Fall 2008 (No. 8)
  Gregory F. Linsin
  

• Ninth Circuit Ruling Raises Stakes for Those Facing Parallel Investigations

  [Article]
  Legal Intelligencer
  August 6, 2008
  Matthew D. Lee
  

• Ninth Circuit Ruling Raises Stakes for Companies and Individuals Facing Parallel Civil and Criminal Investigations

  [Article]
  Lorman Educational Seminars' Legal Update
  June 2008
  Matthew D. Lee
  

• Mining Buried Electronic Data: Increasing Criminal and Civil Case Concerns

  [Article]
  Intellectual Property Counsel
  June 2008
  Joseph G. Poluka and Inbal Paz
  

• Ninth Circuit Ruling Raises Stakes for Companies and Individuals Facing Parallel Civil and Criminal Investigations

  [Alert]
  For the Defense
  June 2008 (No. 6)
  Matthew D. Lee
  

• Keeping a Watchful Eye: Corporate Deferred Prosecution Agreements and the Selection of Corporate Monitors

  [Alert]
  For the Defense
  June 2008 (No. 5)
  Shawn M. Wright
  

• New Treatise Is Go-To Source on White-Collar Crime

  [Article]
  Atlantic Coast In-House
  May 2008
  Joseph G. Poluka
  

• Going Outside the Sentencing Guidelines: An Update on Federal Sentencing Practice and Procedure

  [Article]
  Lorman Educational Seminars' Legal Update
  June 2008
  Matthew D. Lee
  

• SEC Update—Ninth Circuit Permits Simultaneous Civil & Criminal Investigations; Bush Nominates Two Democrats to Fill Vacancies on SEC; SEC Successfully Uses Sarbanes-Oxley Escrow Provision to Avoid Pending Executive Bonus; SEC Proposes Short Sale Rule: SEC to Propose Registration for “Finders”

  [Article]
  Wall Street Lawyer
  May 2008
  

• Foreign Sales Mean Increased Risk for Directors

  [Article]
  Executive Counsel
  May/June 2008
  Steven L. Caponi
  

• Mortgage Crisis Fallout Continues: Bankers’ Executive Pay and Insider Stock Sales under Congressional Microscope

  [Alert]
  Subprime Mortgage Update
  March 2008 (No. 1)
  Joseph G. Poluka and Lewis W. Schlossberg
  

• Mortgage Crisis Fallout Continues: Bankers’ Executive Pay and Insider Stock Sales under Congressional Microsope

  [Alert]
  For the Defense
  March 2008 (No. 4)
  Joseph G. Poluka and Lewis W. Schlossberg
  

• For the Defense

  [Alert]
  Quarterly Commentary on White Collar, Internal & Government Investigations
  Winter 2008
  Matthew D. Lee, Gregory F. Linsin, Joseph G. Poluka, Inbal Paz and Lewis W. Schlossberg
  

• Mining Buried Electronic Data: Increasing Criminal and Civil Case Concerns

  [Alert]
  For the Defense
  Winter 2008 (No. 3)
  Joseph G. Poluka and Inbal Paz
  

• Going Outside the Sentencing Guidelines: Fallout from Gall and Kimbrough: An Update on Federal Sentencing Practice and Procedure

  [Alert]
  For the Defense
  Winter 2008 (No. 1)
  Matthew D. Lee
  

• More Fallout from the Mortgage Crisis: Government Now Targets Wall Street—Is Main Street Next?

  [Alert]
  For the Defense
  Winter 2008 (No. 1)
  Joseph G. Poluka and Lewis W. Schlossberg
  

• Proposed FAR Rule on Improper Business Practices Will Impose Significant Discovery and Reporting Requirements on Contractors

  [Alert]
  Government Contracts Advisory
  December 2007 (No. 4)
  Brian A. Bannon and Gregory F. Linsin
  

• More Fallout from the Mortgage Crisis: Government Now Targets Wall Street

  [Alert]
  Subprime Mortgage Update
  December 7, 2007 (No. 1)
  Joseph G. Poluka and Lewis W. Schlossberg
  

• Federal Appeals Courts Offer Disparate Approaches to Appellate Review of Sentences Post-Rita

  [Article]
  Lorman Educational Seminars' Legal Update
  November 2007
  Matthew D. Lee
  

• For the Defense

  [Alert]
  Quarterly Commentary on White Collar, Internal & Government Investigations
  Fall 2007 (Vol. 2)
  Jerry D. Bernstein, Ian M. Comisky, Michelle Gitlitz Courtney, Matthew D. Lee and Joseph G. Poluka
  

• Federal Appeals Courts Offer Disparate Approaches to Appellate Review of Sentences Post-Rita

  [Alert]
  White Collar Alert: For the Defense (No. 5)
  Fall 2007
  Matthew D. Lee
  

• Understanding and Defending against a Congressional Investigation

  [Alert]
  White Collar Alert: For the Defense (No. 4)
  Fall 2007
  Jennifer Peru Gary
  

• Congressional Investigations: What to Expect During This Unique Process

  [Alert]
  Congressional Oversight & Investigations Alert
  October 2007 (No. 1)
  Jennifer Peru Gary
  

• Supreme Court Rules That Guidelines Sentences May Be Considered Presumptively Reasonable on Appeal

  [Article]
  Lorman Educational Services' Legal Update
  August 2007
  Matthew D. Lee
  

• For the Defense

  [Alert]
  Quarterly Commentary on White Collar, Internal & Government Investigations
  Summer 2007 (Vol. 1)
  Jerry D. Bernstein, Ian M. Comisky, Michelle Gitlitz Courtney, Matthew D. Lee and Joseph G. Poluka
  

• Supreme Court Rules That Guidelines Sentences May Be Considered Presumptively Reasonable on Appeal

  [Alert]
  White Collar Alert: For the Defense
  June 2007 (No. 3)
  Matthew D. Lee
  

• Whose E-mail Is It Anyway?

  [Alert]
  White Collar Alert: For the Defense
  June 2007 (No. 1)
  Joseph G. Poluka and Michelle Gitlitz Courtney
  

• The Upside of Letting Go: Severance in Criminal Trials

  [Alert]
  White Collar Alert: For the Defense
  June 2007 (No. 2)
  Jerry D. Bernstein
  

• Avoiding the Next Controversy: Updating Practices to Prevent Option Backdating and Related Practices

  [Article]
  Legal Intelligencer
  November 20, 2006
  Yelena M. Barychev
  

• White Collar Litigation: New Policy Encourages More Aggressive Prosecution of Tax Cases

  [Article]
  The Legal Intelligencer
  August 2006
  Ian M. Comisky and Matthew D. Lee
  

• Court Finds That the Government Improperly Interfered with KPMG'S Advancement of Legal Fees and Expenses to its Partners and Employees Under Criminal Investigation and Indictment

  [Alert]
  White Collar Alert
  July 2006
  Jerry D. Bernstein and Joseph G. Poluka
  

• Appellate Courts Extend “Intangible Rights” Theory of Mail and Wire Fraud from Corrupt Government Officials to Private-Sector

  [Alert]
  White Collar Alert
  May 2006
  Jerry D. Bernstein and Joseph G. Poluka
  

• Insurance Companies Required to Establish Anti-Money Laundering Programs

  [Alert]
  White Collar Alert
  December 2005
  Ian M. Comisky and Barry H. Genkin
  

• Internal Revenue Service Announces Sweeping Abusive Transaction Settlement Initiative

  [Alert]
  White Collar Alert
  December 2005
  Ian M. Comisky and Matthew D. Lee
  

• New USA PATRIOT Act Regulation — Dealers in Precious Metals, Stones or Jewels Required to Establish Anti-Money Laundering Programs

  [Alert]
  White Collar Alert
  July 2005
  Ian M. Comisky
  

• Whistleblowers Awarded $250,000 for Reporting Illegal Discharge of Oil at Sea

  [Alert]
  White Collar Alert
  June 2005
  Jeanne M. Grasso
  

• How to Avoid the Landmines When Dealing With Whistelblowers in Corporate Internal Investigations

  [Article]
  New Jersey Lawyer
  June 2005
  Nicholas C. Harbist
  

• Criminal Prosecutions and the Maritime Industry: A Worldwide Trend

  [Article]
  Presented at the International Oil Spill Conference
  May 15, 2005
  Jeanne M. Grasso
  

• Department of Justice Increasing Prosecution Resources in Defense Procurement Matters to Safeguard Program Integrity

  [Alert]
  White Collar Alert
  March 2005
  Joseph O. Click
  

• Appellate Court Limits Application Of Fraud-In-The-Inducement Theory Of False Claims Act Liability To Bids On Government Contracts

  [Alert]
  White Collar Advisory
  February 2005
  Joseph O. Click
  

• Riggs Bank, N.A. Agrees to Plead Guilty to Bank Secrecy Act Violations and Pay $16 Million Fine

  [Alert]
  White Collar Alert
  February 2005
  Ian M. Comisky and Matthew D. Lee
  

• Federal Trial Court Finds That Parties May Modify A Joint Defense Agreement And Partially Waive Protections Of The Joint Defense Privilege

  [Alert]
  White Collar Alert
  February 2005
  Ian M. Comisky and Nicholas C. Harbist
  

• Perspectives On The USA PATRIOT Act

  [Article]
  Pennsylvania Bar Quarterly
  January 2005
  Joseph G. Poluka
  

• D.C. Federal Court of Appeals Strictly Applies Stringent Pleading Requirements to Dismissal of False Claims Act Claim

  [Alert]
  White Collar Crime Alert
  December 2004
  Joseph O. Click
  

• Federal Trial Court Holds the Criminal Provisions of Sarbanes-Oxley Act Are Constitutional

  [Alert]
  White Collar Crime Alert
  December 6, 2004
  Joseph O. Click
  

• When the whistle blows, companies pay

  [Article]
  Maritime Law
  November 2004
  Jeanne M. Grasso
  

• Amendments to the United States Sentencing Guidelines Require Organizations to Create More “Effective” Compliance and Ethics Program

  [Alert]
  White Collar Crime Alert
  November 6, 2004
  Shawn M. Wright
  

• Federal Sentencing Guidelines Alert: Supreme Court Hears Oral Argument on Applicability of Blakely v. Washington to the Federal Sentencing Guidelines

  [Alert]
  White Collar Crime Alert
  October 6, 2004
  Shawn M. Wright
  

• Federal Judge Imposes Harsh Prison Sentence On Defendant Convicted After Testifying In His Own Defense

  [Alert]
  White Collar Crime Alert
  October 6, 2004
  Ian M. Comisky
  

• Federal District Court Issues Order Dismissing False Claims Act Counts Against Harvard University

  [Alert]
  White Collar Crime Alert
  October 6, 2004
  Joseph O. Click
  

• Traps For The Unwary

  [Article]
  CSA NATIONAL CONFERENCE: Business Growth Opportunities for Government Services Contractors
  JULY 20-21, 2004
  

• Criminal environmental prosecutions and the maritime industry – a world-wide trend

  [Article]
  BIMCO Review
  2004
  Jeanne M. Grasso
  

• Admiralty Jurisdiction in the Aviation Case

  [Article]
  For The Defense
  2004
  

• Judges Increasingly Impose Harsh Prison Sentences for White Collar Offenses and Reject Guilty Plea Agreements Viewed as Too Lenient

  [Alert]
  White Collar Crime Alert
  April 6, 2004
  Matthew D. Lee
  

• Corporate Officers Increasingly Target of Criminal Healthcare Fraud Charges

  [Alert]
  White Collar Crime Alert
  April 6, 2004
  

• First Sarbanes-Oxley Whistleblower Case: Judge Rules Corporate Executive was Wrongfully Terminated for Making Protected Disclosures

  [Alert]
  White Collar Crime Advisory
  March 6, 2004
  Nicholas C. Harbist
  

• Corporate Probation - What Happens After the Plea

  [Article]
  18th National Institute on White Collar Crime 2004
  March 5, 2004
  Shawn M. Wright
  

• Failure to Train Employees: Now a Federal Crime

  [Article]
  Occupational Health & Safety
  November 2003
  The Olympic Pipeline prosecution should be a wake-up call to industry. Industrial "accidents" often result in the initiation of a criminal investigation.
  

• New Department Of Justice Policy Concerning Charging Criminal Offenses, Disposition Of Charges, And Sentencing

  [Alert]
  White Collar Crime Advisory
  September 2003
  Ian M. Comisky
  

• Pending Legislation Would Eliminate Discretion In Sentencing For All Federal Crimes And Defendants

  [Alert]
  White Collar Crime Advisory
  April 2003
  

• IRS Voluntary Disclosure Policy: The Best Deal Ever Offered

  [Article]
  Practical Tax Strategies
  April 2003
  Ian M. Comisky
  

• Co-author: Security Initiatives May Have Broader Impact Than Expected

  [Article]
  Trends, ABA Section of Environment, Energy, and Resources Newsletter, Volume 34, Number 2
  November/December 2002
  

• Co-author: Security Initiatives May Have Broader Impact Than Expected

  [Article]
  Trends, ABA Section of Environment, Energy, and Resources Newsletter, Volume 34, Number 2
  November/December 2002
  

• The USA Patriot Act Has Broad Implications for Financial Institutions

  [Article]
  Journal of Taxation of Financial Institutions
  May/June 2002
  Ian M. Comisky and Matthew D. Lee
  The Act imposes new and wide-ranging obligations on financial institutions (including non-bank financial institutions such as broker-dealers, insurance companies, and the like), financial institutions of all types must be aware of and prepared to satisfy the heightened obligations imposed by the statute.
  

• Money Laundering and the USA Patriot Act

  [Article]
  Mainbrace
  April 2002
  John D. Kimball
  

• The Development of Environmental Criminal Prosecutions, The Environmental Crimes Case - From Pretrial Proceedings to Sentencing Guidelines

  [Article]
  ABA's Criminal Justice Section, Section of Environment, Energy, and Resources
  1999
  

• Author: US Environmental Criminal Laws & The Maritime Industry

  [Article]
  Bimco Bulletin, Volume 93, Number 2
  April 1998
  

• Author: ‘Green Collar’ Criminals: Why Should They Receive Special Treatment?

  [Article]
  Maryland Journal of Contemporary Legal Issues, Environmental Liability, Volume 8, Issue 1
  1996-97
  

• Sentencing Environmental Crimes Under the United States Sentencing Guidelines – A Sentencing Lottery

  [Article]
  Northwestern School of Law of Lewis and Clark College, Environmental Law, Volume 22
  1992
  

• Co-Author: International Information Gathering

  [Article]
  The Secured Lender
  November/December 1991
  Grant S. Palmer