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Jerome Tomas

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Jerome Tomas is co-chair of the North America Government Enforcement practice group. He has been recognized by Chambers for White Collar Crime & Government Investigations. He represents multinational companies faced with government investigations and conducts internal investigations to assess and remediate legal and compliance concerns in domestic and global operations. Jerome leads teams of lawyers to address government law enforcement perspectives and where necessary, meet and refute government legal theories of corporate and individual liability head-on, while also being pragmatic and business-oriented for management and boards to compete internationally. Jerome has extensive experience representing clients in government litigation and enforcement investigations before the SEC, DOJ, various United States Attorneys Offices and the Commodities Futures Trading Commission . On multiple occasions, he has obtained complete declinations of enforcement action from federal and state agencies. Jerome has handled investigations and prosecutions relating to the FCPA, securities fraud and manipulation, SEC reporting-related misconduct, financial statement disclosures, auditor independence, insider trading, commodities manipulation, money laundering, the Food Drug and Cosmetic Act, including the Responsible Corporate Officer Doctrine, the US wire and mail fraud statutes and OFAC-related matters, among others. With his experience as a former member of the SEC Division of Enforcement’s Cyberforce, the agency’s internet and cyber fraud unit, Jerome regularly advises companies involved in data security breaches and incident response, including navigating through initial reports of potential compromise, to investigating, coordinating, and reporting to federal and state authorities, consumer notification and ultimately remediating. Jerome also regularly advises multinational companies on risk mitigation and compliance in the context of international mergers and acquisitions, other business combinations, and general corporate transactions. He has advised on anticorruption and trade compliance in transport, telecommunications, mining, oil and resource extraction, chemical, defense, pharmaceutical, health care, agriculture, technology, hotel, travel, hospitality, consumer products and manufacturing industries. He also advises on compliance with US and international anti-money laundering laws and the US Bank Secrecy Act.

An analysis of Attorney General Bondi’s memorandum on the Foreign Corrupt Practices Act (FCPA) In brief A recent memorandum from Attorney General Pam Bondi signals a potential shift in the Department of Justice’s (DOJ) FCPA enforcement priorities. According to the memorandum, FCPA enforcement should prioritize foreign bribery linked to Cartels and Transnational Criminal Organizations (TCOs), potentially altering the landscape of white-collar corporate enforcement. While traditional FCPA cases will likely continue, the new directive grants local…

In brief On June 26, 2024, in Snyder v. United States, the Supreme Court, in a 6-3 decision authored by Justice Kavanaugh, significantly limited the federal statute criminalizing gratuities in state and local jurisdictions. Snyder, a mayor, awarded a USD 1.3 million contract and received a USD 13,000 payment from the benefiting company. The Supreme Court ruled that the relevant statute, Title 18 section 666, applies only to bribes paid or promised before an official act,…

On March 18, 2024, the United States Securities and Exchange Commission (the “SEC”) announced that it settled charges against two investment advisers for making false and misleading statements about their purported use of artificial intelligence (AI). This SEC enforcement action marks the latest efforts by securities regulators to combat the adverse effects of “AI washing” and confirms that AI, and particularly “AI washing”, is at the forefront of securities regulators’ minds. What is “AI washing”?…

Please join us for a new weekly video series, hosted by Baker McKenzie’s North America Government Enforcement partner, Jerome Tomas. This weekly briefing will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week. As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of…