Tag:enforcement
Six Years Later – Is the Chicago Police Consent Decree Working?
Six years ago, the City of Chicago (the City) entered into a consent decree establishing a framework for sweeping reform of the policies and operations of the Chicago Police Department and the City. This major reform effort was initiated after Chicago police officers shot and killed 17-year-old Laquan McDonald in 2014. Chicago’s consent decree is aimed at addressing concerns in several areas, especially police accountability and officer misconduct. Oversight is done by the Independent Monitoring Team, which reviews and assesses the City’s compliance. After almost six and a half years, the City is nowhere close to fulfilling the requirements. Even worse, Chicagoans have little faith that the City will ever reach full compliance.
Curbing Censorship: The Constitutional Challenges of Addressing Social Media Moderation
At a time when online spaces have become central for news, connection, and the exchange of ideas, the balance between free speech and content moderation is more important than ever. In recent months, there have been rising concerns over potential government censorship and the proliferation of misinformation, especially on social media. The lack of transparency in the tech industry makes this issue uniquely tricky, as each platform’s distinct algorithms are largely proprietary. However, many users feel that their voices are being silenced based on the nature of the content they are releasing. The possibilities for remedying these concerns are limited, as the First Amendment expressly protects private companies from government censorship (including the requirement that they host specific content), but there are several potential paths forward that could have far-reaching implications for the future of social media content moderation.
Major Regulatory Rollbacks Expected from Trump’s New SEC
With the return of the Trump Administration looming large, rumors of possible regulatory appointments are already swirling. One federal agency that will undoubtedly see major changes with the transition of power is the Securities and Exchange Commission (SEC), the authority responsible for regulating the securities market and protecting investors. With the shift in presidential administration coupled with significant GOP gains in the House and Senate, analysts have begun to speculate on how agency leadership and staffing changes will impact securities policy and rulemaking, and what the rest of the country can expect from the markets over the next four years.
IRS & Treasury to Crack Down on Basis Shifting Among Complex Partnerships
On June 17, 2024, the Biden Administration issued a press release detailing plans to push forward a new multi-stage regulatory initiative targeting tax evasion among large business partnerships. The Internal Revenue Service (IRS) and U.S. Treasury Department will lead the charge to end abuses of a practice known as “basis shifting,” often used by complex partnerships to maximize deductions and consequentially minimize tax liability.
Regulating the Worst Kind of AI-Generated Content
On September 05, 2023, a bipartisan coalition of all fifty state attorneys general along with four attorneys general from U.S. territories came together to sign a letter to Congress. The letter urged Congress to establish an expert commission to specifically study how artificial intelligence (AI) contributes to the exploitation of children. The attorneys general further stressed the urgency of expanding existing laws on Child Sexual Abuse Material (CSAM) restrictions to include AI-generated content.
U.S. Regulators are Employing New Strategies to Crack Down on Historically Challenging Insider Trading Cases
In the past, insider trading cases have been considered difficult to prove and prosecute. These cases usually require extensive evidence-gathering coupled with a high burden of proof. However, the Securities and Exchange Commission (SEC) and Justice Department are now turning to new developments in technology and regulatory efforts that have led to an increased focus on investigating and prosecuting insider trading cases. Why were these cases hard to prove in the past and what exactly are these new technologies?
Safeguarding Technologies through the Disruptive Technology Strike Force
On February 16, 2023, the Department of Justice (DoJ) and the Department of Commerce (DoC) announced the launch of the Disruptive Technology Strike Force. Under the leadership of Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division and Matthew Axelrod, the Assistant Secretary for Export Enforcement in the Commerce Department’s Bureau of Industry and Security (BIS), the strike force will bring together various agencies throughout the government, including the FBI, Homeland Security Investigations (HSI) and 14 U.S. Attorneys’ Offices, to “target illicit actors, strengthen supply chains and protect critical technological assets from being acquired or used by nation-state adversaries”.
Healthcare Bribery Whistleblower Receives the Highest SEC Award in 2022
The United States Securities and Exchange Commission (SEC) has announced that they have awarded upwards of $37 million to one whistleblower in 2022. This individual gave important information to the SEC that led to a successful enforcement action against a large European healthcare company. This award took the cake for being the highest payout to a whistleblower in 2022. What does a whistleblower program look like from the regulator’s point of view and why is it important?
New Incentives from the DOJ to Urge Companies to Self-Report Crimes
In an action meant to incentive companies to self-report their wrongdoings, the Justice Department (DOJ), has announced big changes to its Corporate Enforcement Policy (CEP). The Department of Justice has long been fighting against corporate criminality in its pursuit to maintain the integrity of the financial market. On January 17, Assistant Attorney General Kenneth A. Polite, Jr., announced revisions to the Criminal Division’s Corporate Enforcement Policy. Some of the revisions include up to a 75 percent reduction in fines for companies that voluntarily report their wrongdoings and fully cooperate with investigations and up to a 50 percent reduction for companies that fully cooperate with investigations even if they do not voluntarily disclose the crime. These incentives further soften the aggressive stance that the Biden administration originally took against Corporate America in 2021.
Largest Alleged Violation in FEC History – Investigation Blocked, Case Closed
In June, the Federal Elections Commission (FEC) announced that they would not investigate allegations that two of former President Trump’s campaign committees illegally misreported hundreds of millions of dollars in spending. If true, these allegations would constitute the “largest alleged violation in FEC history” according to FEC Commissioner Ellen L. Weintraub. The initial complaint alleged that the committees failed to disclose payments to friends and family members of the former President, such as Lara Trump, who is Trump’s daughter-in-law, and Kimberly Guilfoyle – Donald Trump Jr.’s fiancé. In it’s decision, the FEC’s Republican Commissioners voted not to investigate the matter, which is therefore no longer being pursued. This situation illustrates how the FEC has consistently failed to investigate the Trump reelection campaign for alleged violations of campaign finance law.