On May 11, the Supreme Court issued its decision in Ciminelli v. United States, its latest in a series of recent rulings reinforcing a narrow interpretation of wire fraud under federal law.
Ciminelli presented the Court...more
This is the second part in our 2023 series examining important trends in white collar law and investigations. Up next: crypto enforcement.
The days of decreased IRS enforcement activity may be coming to a close. Although...more
In the 2022-2023 term, the Supreme Court will address the definition of “property” under the federal wire fraud statute, which prohibits a person from “obtaining money or property by means of false pretenses.” 18 U.S.C. §...more
This is the third post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed trends in anti-corruption. Up next: State AG enforcement trends.
Tax season is...more
2/17/2022
/ Coronavirus/COVID-19 ,
Criminal Investigations ,
Criminal Prosecution ,
Cryptocurrency ,
Enforcement Actions ,
Fraud ,
International Tax Issues ,
IRS ,
Money Laundering ,
Paycheck Protection Program (PPP) ,
Tax Fraud
The U.S. Supreme Court’s decision last month in Liu v. SEC raises the question of whether disgorgement payments in SEC enforcement actions should now be deductible for federal income tax purposes. The Court held that a...more
7/13/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Earlier this month, the Criminal Division of the United States Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs guidance. In considering enforcement actions against companies, prosecutors...more
So you’ve retained funds provided under the SBA Paycheck Protection Program in the CARES Act. What next? We’ve compiled a checklist to maintain your compliance with the program’s conditions and reduce the risk of audit...more
The Department of Justice (DOJ) announced a criminal complaint last Friday in the most significant COVID-19 fraud prosecution to date. A complaint is a charging document usually submitted to a court to obtain an arrest...more
This is the seventh and last post in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed sanctions and export controls trends in 2020. We...more
1/28/2020
/ Chief Compliance Officers ,
Compliance ,
Congressional Investigations & Hearings ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Donald Trump ,
Grand Juries ,
Impeachment ,
Indictments ,
Legislative Process ,
Subpoenas ,
White Collar Crimes
Back in May, we wrote about substantial settlements totaling $125 million to resolve Department of Justice (DOJ) allegations that money donated by Astellas Pharma US, Inc. and Amgen Inc. to drug co-pay charities constituted...more
11/4/2019
/ Charitable Organizations ,
Co-payments ,
Corporate Integrity Agreement ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Kickbacks ,
Medicare ,
Pharmaceutical Industry ,
Prescription Drugs ,
Qui Tam ,
Settlement
The U.S. Department of Justice (DOJ) continues to actively target the healthcare industry for False Claims Act (FCA) and other alleged violations, and it took significant steps to further its reach into the telehealth and...more
Late last month the U.S. Attorney’s Office for the District of Connecticut issued a press release regarding the latest False Claims Act (FCA) settlement involving the healthcare industry in New England. According to the...more
7/16/2019
/ Department of Justice (DOJ) ,
Drug Testing ,
False Claims Act (FCA) ,
Federal Contractors ,
Health Care Providers ,
Laboratories ,
Medicaid ,
Settlement ,
State Attorneys General ,
State Contractors ,
State False Claims Acts
This week the U.S. Department of Justice (DOJ) Criminal Division released revised guidance on the “Evaluation of Corporate Compliance Programs.” This latest guidance is important not only to help benchmark existing...more