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DOJ Announces New Safe Harbor Policy for Mergers and Acquisitions

As part of a continuing and extensive effort this year to update and strengthen Department of Justice (“DOJ”) policies aimed at deterring corporate misconduct, the DOJ announced on October 4, 2023, that it was implementing a...more

DOJ Announces More Corporate Enforcement Policies Coordinating Its Attack on Corporate Malfeasance

On the heels of its revised Corporate Enforcement Policy announced in January 2023, the Department of Justice (“DOJ”) announced more policies aimed at prosecuting and deterring corporate misconduct. In late February and early...more

Government Investigations Team Insights - February 2023

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

New DOJ Corporate Enforcement Policy Places Still More Pressure on Companies to Cooperate and Self-Report

Last month in a speech at Georgetown University Law Center, Assistant Attorney General Kenneth A. Polite, Jr., announced revisions to the Department of Justice’s Corporate Enforcement Policy, to apply to all corporate...more

DOJ Recovers Over $2 Billion in False Claims Act Cases Last Year, But a Majority of the Funds Were From Cases That the Government...

On February 7, 2023, the Department of Justice released its report on False Claims Act Settlements and Judgments for Fiscal Year 2022, showing that the DOJ recovered over $2.2 billion last year. That same day, in his State of...more

Government Investigations Team Insights - September 2022

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Insider Trading Cases Back on the Rise . . . With a Twist

Pillow talk from an FBI agent trainee. A former congressman turned consultant trading on merger information learned on the job. A former Goldman Sachs investment banker misappropriating information about deals the bank was...more

DOJ Continues Its Annual Coordinated Healthcare Fraud Takedown

In a continuation of its annual rite, the Department of Justice (“DOJ”) on July 20, 2022, announced healthcare-related criminal charges against 36 defendants in 13 federal districts around the U.S. The charges allege more...more

Government Investigations Team Insights - December 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we discuss recent criticism of the Justice Department’s use of “taint teams” to review...more

Government Investigations Team Insights - August 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we discuss a recent Florida district court case involving prosecutorial misconduct resulting...more

Life Sciences Investigations – 2020 Year in Review and 2021 Outlook

On February 11, 2020, AGG’s Government Investigations practice chairs, Aaron M. Danzig and Sara M. Lord, conducted a webinar, titled “Life Sciences Investigations and Enforcement Actions: 2020 Year in Review and 2021...more

The Beginning of a Wave? First Civil Fraud Settlement Against Recipient of PPP Funds

In a sign of things to come, on January 12, 2021, the Department of Justice (DOJ) announced the first civil settlement to resolve fraud claims involving loan recipients under the Paycheck Protection Program (PPP). We noted...more

2020 Government Investigations Team Insights - October 2020

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

How Much Money Do You Have? DOJ Releases New Guidance on Settling Civil Cases Based on an Ability to Pay

Last month, the Department of Justice released new guidance for assessing a company’s claim that it is unable to pay the amount of money demanded by the DOJ to settle a civil lawsuit. When the DOJ brings a lawsuit seeking...more

2020 Government Investigations Team Insights - September 2020

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

From Implementation to Empowerment: Department of Justice Updates Its Guidance for Evaluation of Corporate Compliance Programs

On June 1, 2020, the Criminal Division of the U.S. Department of Justice (“DOJ”) updated its guidance for its evaluation of corporate compliance programs when making charging decisions. The Guidance, first published in...more

Justice Department Announces Its First Enforcement Action Involving COVID-19 Following Attorney General’s New Directive to...

On March 22, 2020, the U.S. Department of Justice (DOJ) announced that the U.S. Attorney’s Office of the Western District of Texas has filed the first action in federal court concerning fraud related to the COVID-19...more

DOJ Announces $20 Million Settlement of False Claims Act Allegations Regarding Kickbacks and Unnecessary Spinal Surgeries

On October 28, 2019, the Department of Justice announced a $20.25 million settlement of False Claims Act (FCA) allegations. ...more

Key Takeaways from Recent DOJ Corporate Compliance Program Guidance

On April 30, 2019, the Department of Justice (DOJ) released an updated version of its guidance for evaluating corporate compliance programs....more

A “House of Cards”: DOJ Drops Out of ManorCare FCA Case After Judge Excludes Expert Witness

The Department of Justice (DOJ) filed a motion on November 17, 2017 to voluntarily dismiss its False Claims Act (FCA) case against HCR ManorCare, Inc. (ManorCare). Despite a years-long investigation, coupled with nearly three...more

False Claims Act Cases: With No End In Sight, Why You Should Consider Litigating And How To Maximize Your Litigation Advantages

Over the past few years, the government’s emphasis on conducting fraud and abuse investigations – especially in the healthcare industry – has resulted in scores of settlements and billions of dollars paid to the government...more

Principal Deputy Assistant Attorney General Mizer on Yates Memo: “No Partial Credit for Cooperation that Doesn’t Include...

Principal Deputy Assistant Attorney General Benjamin C. Mizer’s remarks at the 16th Pharmaceutical Compliance Congress and Best Practices Forum highlighted the Department of Justice’s “renewed commitment to ensuring that...more

Lack of Materiality as a Defense in False Claims Act Cases

The False Claims Act (the “Act”) imposes liability on those who “’knowingly’ present, or cause to be presented, ‘a false or fraudulent claim for payment or approval’” to the government. Persons who act in “deliberate...more

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