Category: Justice

DOJ Requires CRH to Divest Tennessee Asphalt Plants in Antitrust Settlement

The Justice Department’s Antitrust Division announced it will require building materials company CRH and its subsidiary APAC-Tennessee to divest two hot-mix asphalt production plants in western Tennessee as a condition of CRH’s acquisition of Standard Construction Company on August 7. The divestiture was required because DOJ determined that allowing CRH to absorb Standard Construction without shedding the plants would have substantially lessened competition for road construction contracts in the affected Tennessee markets, the department said. The action was coordinated with the Tennessee Attorney General’s office in a joint federal-state enforcement model. Hot-mix asphalt is the primary material used in road

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DEA Administrator Pledges Renewed Counternarcotics Partnership at Colombia Inauguration

DEA Administrator Terry Cole attended the inauguration of Colombia’s new president, Abelardo de la Espriella, and publicly pledged to resume “shoulder to shoulder” counternarcotics operations and intelligence sharing with the South American nation on Aug. 8. The diplomatic gesture signals a reset of U.S.-Colombia drug enforcement relations after a period of strain under the previous Colombian administration, the DEA said. Colombia remains the world’s largest cocaine producer, and bilateral counternarcotics cooperation is a cornerstone of the administration’s drug supply reduction strategy. Cole’s public attendance at a foreign head-of-state inauguration is an unusual step for a DEA administrator and was a

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Court Halts $200M Credit Repair Fraud at FTC Request

A federal court halted a credit repair fraud that defrauded consumers out of nearly $200 million, granting the Federal Trade Commission’s request on Aug. 10 to freeze the defendants’ assets and stop the scheme’s operations. The court issued a temporary order against a network of 17 related companies and their principals, the FTC said. The defendants targeted financially vulnerable consumers who paid fees in exchange for credit repair services that were never delivered or involved illegal practices. The $200 million figure makes the case one of the largest credit repair enforcement actions in the FTC’s history. The court-ordered asset freeze

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Justice Department Files Record 25 Denaturalization Cases

The Department of Justice and U.S. Citizenship and Immigration Services filed a record 25 denaturalization actions in federal courts against individuals convicted of serious offenses including attempted first-degree murder and sexual assault of a child, the agencies announced Aug. 13. The administration characterized the simultaneous filing as a record number of denaturalization actions. Denaturalization proceedings require judicial review and a court finding that citizenship was obtained through fraud, concealment or other unlawful means. The cases involve individuals across multiple states who were naturalized before their criminal convictions came to light or before fraud in their applications was detected, according to

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DEA Details Ongoing Operations Against CJNG Cartel

DEA Administrator Cole held a press conference on Aug. 5 detailing ongoing operations against the Jalisco New Generation Cartel, linking the designated foreign terrorist organization directly to the fentanyl crisis killing tens of thousands of Americans annually. CJNG’s designation as a foreign terrorist organization unlocks additional law enforcement authorities and escalates the legal severity of any involvement with the cartel. The FTO status subjects CJNG associates to terrorism-related charges that carry significantly harsher penalties than standard narcotics offenses. Administrator Cole highlighted CJNG’s role as a primary source of fentanyl trafficking into the United States. The synthetic opioid was responsible for

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DOJ Withdraws 1987 Letter Shielding Proxy Adviser From Antitrust Scrutiny

The Department of Justice Antitrust Division withdrew a Business Review Letter issued to Institutional Shareholder Services in 1987, removing a longstanding legal protection for the proxy advisory firm that controls a dominant share of the market influencing corporate shareholder votes. The withdrawal was announced Aug. 11. ISS and its primary competitor, Glass Lewis, together control more than 90% of the proxy advisory market. Their recommendations influence shareholder voting at thousands of publicly traded companies annually, affecting decisions on executive compensation, board composition and corporate strategy. Business Review Letters signal the DOJ’s intention not to challenge a proposed business arrangement. Withdrawing

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DOJ Pulls 1987 Guidance Shielding Dominant Proxy Advisory Firm

The Justice Department’s Antitrust Division on Aug. 5 withdrew a 1987 business review letter that had given Institutional Shareholder Services favorable antitrust treatment for nearly four decades, signaling potential new scrutiny of the proxy advisory industry. ISS and its primary competitor Glass Lewis together control more than 90% of the proxy advisory market, which advises institutional investors on how to vote at corporate shareholder meetings across thousands of U.S. public companies each year. Business review letters represent the DOJ’s historical assessment that a particular business practice does not warrant enforcement action. Withdrawing one does not constitute a formal enforcement action

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DOJ, Tennessee Require Divestitures in Asphalt Company Acquisition

The Justice Department Antitrust Division and Tennessee Attorney General jointly required CRH plc to divest two hot-mix asphalt plants as a condition of its acquisition of Standard Construction, the agencies announced Aug. 7. The action is the first joint antitrust enforcement action between DOJ and Tennessee’s attorney general, described by both offices as a model for state-federal cooperation in merger enforcement. The divestitures are required to preserve competition in the western Tennessee hot-mix asphalt market, which CRH would otherwise dominate, the Antitrust Division said. CRH is one of the world’s largest building materials companies, while Standard Construction is a regional

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DOJ Withdraws 38-Year-Old Letter Shielding Proxy Advisory Giant ISS

The Department of Justice Antitrust Division withdrew a 1987 business review letter that had for nearly four decades shielded Institutional Shareholder Services from antitrust scrutiny, removing a key legal protection for the dominant proxy advisory firm, on Aug. 5. ISS and its chief competitor Glass Lewis collectively control more than 90 percent of the proxy advisory market, which influences how institutional investors vote on corporate governance matters at virtually every major U.S. public company. Business review letters issued by the Antitrust Division signal the department’s view that proposed business conduct does not raise antitrust concerns. Withdrawal of the letter signals

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DOJ Withdraws 1987 Antitrust Shield for Proxy Advisory Firm ISS

The Department of Justice Antitrust Division withdrew a 1987 Business Review Letter that had shielded Institutional Shareholder Services from antitrust scrutiny for nearly four decades, the department announced Aug. 5. The move opens the door to potential investigation of a firm that dominates corporate governance recommendations. ISS, along with Glass Lewis, controls more than 90% of the U.S. proxy advisory market, providing vote recommendations to institutional investors on matters including executive compensation, board composition and corporate mergers. By withdrawing the letter, the DOJ signaled it is no longer bound by its 1987 position and is free to investigate whether ISS’s

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