The U.S Department of Justice’s (DOJ or Department) Corporate Whistleblower Awards Pilot Program (Pilot Program) has hit the ground running, reportedly triggering more than 100 reports since it went live on August 1, 2024....more
Years from now, might we cite a recent Middle District of Florida decision as the beginning of the end of the False Claim Act’s (FCA) qui tam provision in its current form? In granting the defendants’ motion for judgment on...more
10/11/2024
/ Department of Justice (DOJ) ,
Executive Powers ,
False Claims Act (FCA) ,
Federal Contractors ,
Healthcare Fraud ,
Medicare ,
Private Actors ,
Qui Tam ,
Relators ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
On August 1, 2024, the U.S. Department of Justice (DOJ) released details about its new Corporate Whistleblower Awards Pilot Program. As previewed by Deputy Attorney General Lisa Monaco in March, individuals (not entities) who...more
The more things change, the more things stay the same. For years, U.S. Department of Justice (DOJ) leadership has used the ABA National Institute on White Collar Crime and other major conferences to highlight enforcement...more
3/11/2024
/ Artificial Intelligence ,
CFTC ,
Compliance ,
Department of Justice (DOJ) ,
Ethics ,
False Claims Act (FCA) ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Voluntary Disclosure ,
Whistleblowers ,
White Collar Crimes
WHAT: On June 16, 2023, the U.S. Supreme Court ruled 8–1 that the Government has broad authority to intervene and dismiss False Claims Act (FCA) suits litigated by relators. U.S. ex rel. Polansky v. Executive Health Resources...more
In speeches at this year’s annual American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite outlined the latest revisions to the...more
On February 7, 2023, the Department of Justice (DOJ) announced that FY 2022 yielded just $2.2 billion in spoils from False Claims Act (FCA) judgments and settlements—the smallest haul since 2008 and a precipitous drop from...more
Last Tuesday, the Department of Justice (DOJ) announced the most recent modifications to its Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) in an effort to further encourage companies to...more
With all eyes turning to 2023, recent Department of Justice (DOJ) corporate enforcement policy changes and clarifications hint at what can be expected from the DOJ in the year ahead. In September, Deputy Attorney General...more
1/4/2023
/ Bring Your Own Device (BYOD) ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Compensation ,
Foreign Corrupt Practices Act (FCPA) ,
Instant Messaging Apps ,
Non-Disclosure Agreement ,
Third-Party
On March 2, 2022, Attorney General Merrick B. Garland announced the launch of a new interagency task force, the KleptoCapture Task Force, focused on enforcing the recent U.S. financial sanctions and other economic...more
3/8/2022
/ Anti-Money Laundering ,
Cryptocurrency ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Export Controls ,
FBI ,
Financial Institutions ,
FinCEN ,
IRS ,
National Security ,
NATO ,
Russia
On February 1, the U.S. Department of Justice (DOJ) announced the second-largest annual total recoveries in the history of the False Claims Act (FCA)—$5.6 billion—for FY 2021 (October 2020 – September 2021)...more
2/3/2022
/ Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Information Technology ,
Kickbacks ,
Medicare ,
Misrepresentation ,
Opioid ,
Qui Tam ,
Unnecessary Medical Procedures ,
Whistleblowers
After a wave of defense-friendly policies under the Trump Administration, the U.S. Department of Justice (DOJ) has reversed course on agency guidance and its buyer’s remorse will enable its attorneys to try once again to...more
In September, the U.S. District Court for the Southern District of New York unsealed an indictment charging Afework Bereket, a former account manager with a large telecom company, with conspiracy to violate the Foreign...more
10/11/2021
/ 5G Network ,
Bribery ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Money Laundering ,
Securities and Exchange Commission (SEC) ,
Telecommunications ,
White Collar Crimes
The Department of Justice (DOJ) continues to concentrate on risk adjustment programs of payers with Medicare Advantage Organizations (MAO) as a prime enforcement target. One particular area of focus, both civilly and...more
6/14/2021
/ Audits ,
Best Practices ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Documentation ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance ,
Medical Coding ,
Medicare ,
Medicare Advantage ,
Medicare Advantage Organizations (MAOs) ,
Physicians ,
Risk Adjustment Formula ,
Webinars
The U.S. Department of Justice (DOJ) Civil Division has published new Guidance on how it will evaluate the assertions of parties who claim they are unable to pay judgments or penalties in False Claims Act (FCA) and other...more