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Sentencing Commission Proposes Amendment to Limit ‘Acquitted Conduct’

On Wednesday, April 17, the US Sentencing Commission dramatically restricted consideration of so-called “acquitted conduct” when courts determine criminal sentences under the Guidelines Manual. The guidelines that...more

4/30/2024  /  Criminal Defense , Fraud , New Rules , SCOTUS , Theft

Investigations Newsletter: Disgraced Crypto Mogul Bankman-Fried Sentenced to 25 Years in Prison

Disgraced Crypto Mogul Bankman-Fried Sentenced to 25 Years in Prison - On March 28, Judge Lewis Kaplan of the United States District Court for the Southern District of New York handed down a substantial term of...more

Investigations Newsletter: Cooperation Spares Former NBA Shooting Guard From Prison

Cooperation Spares Former NBA Shooting Guard From Prison - Former National Basketball Association (NBA) shooting guard, Antoine Wright, was sentenced to time served after he pled guilty to conspiracy and aggravated...more

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Investigations Newsletter: DC Federal Judge Dramatically Amplifies False Claims Act Damages Award

DC Federal Judge Dramatically Amplifies False Claims Act Damages Award - On January 16, Judge Rudolph Contreras of the US District Court for the District of Columbia issued an opinion agreeing in part with the federal...more

“Convergence” Element of Wire Fraud On Thin Ice?

On August 7, 2023, the US Court of Appeals for the Third Circuit became the most recent federal appellate court to reject the argument that a wire fraud conviction requires the government to establish that the entity that was...more

Investigations Newsletter: Walgreens Medicaid Fraud Case Kicked Back to Trial Court

Walgreens Medicaid Fraud Case Kicked Back to Trial Court - On August 15, 2023, the US Court of Appeals for the Fourth Circuit issued an opinion reversing a district judge’s dismissal of False Claims Act (FCA) claims...more

Investigations Newsletter: Former NBA Player Sentenced to 10 Years in Prison for Health Care Fraud

Former NBA Player Sentenced to 10 Years in Prison for Health Care Fraud - Terrence Williams, a former NBA player, was sentenced to 10 years in prison for his participation in a scheme to defraud the NBA’s Health and...more

Shoe on the Other Foot? Fractured Supreme Court Blesses “Registration Jurisdiction” Statutes (Part Two)

At the conclusion of its recent Term, the US Supreme Court finally released its long-anticipated opinion in Mallory v. Norfolk Southern Railroad, No. 21-1168. In our Part One alert from September 2022, we reported on the...more

US Supreme Court Rules 8-1 in Favor of Government FCA Dismissal Authority

On June 16, 2023, in United States, ex rel. Polansky v. Executive Health Resources, Inc., the US Supreme Court addressed the government’s authority to dismiss a qui tam False Claims Act (FCA) suit over a relator’s objection...more

Investigations Newsletter: Court Unseals Charges Alleging Nearly $15 Million in Fraudulent PPP Loans

Court Unseals Charges Alleging Nearly $15 Million in Fraudulent PPP Loans - Earlier this week, federal prosecutors in the Southern District of New York announced the unsealing of a criminal complaint charging six...more

Investigations Newsletter: Supreme Court Again Tightens FCA Intent, But Tricky Questions Linger

The US Supreme Court brushed aside novel assertions from two pharmacy retailers on June 1 and ruled unanimously that False Claims Act liability hinges on whether defendants subjectively believed their claims were “false.” In...more

Supreme Court FCA Scienter Ruling Revives Fraud Lawsuits Against Safeway and SuperValu

Supreme Court FCA Scienter Ruling Revives Fraud Lawsuits Against Safeway and SuperValu On Thursday, the US Supreme Court issued its highly anticipated ruling regarding the threshold of liability under the False Claims Act...more

Texas Lab Settles Unnecessary Drug Testing Allegations for $6 Million

A laboratory company based in Texas, Genotox Laboratories Ltd., recently reached an agreement with the federal government to resolve False Claims Act and Anti-Kickback Statute violations, stemming from allegations related to...more

Investigations Newsletter: Ophthalmology Distributer and Owner Oppose Government Request for $490 Million Award After Jury Verdict

Ophthalmology Distributer and Owner Oppose Government Request for $490 Million Award After Jury Verdict - A federal jury in Milwaukee recently returned a verdict against the Cameron-Ehlen Group, Inc., d/b/a Precision Lens,...more

Tenth Circuit Declares No Remedy for Hemp Farmer Whose Federally Legal Plants Were Seized

In January, the United States Court of Appeals for the Tenth Circuit issued a published opinion in Serna v. Denver Police Department, No. 21-1446 (10th Cir. Jan. 24, 2023), upholding the dismissal of a hemp farmer’s lawsuit...more

Investigations Newsletter: $31 Million Medicare Fraud Scheme Results in Two Convictions

$31 Million Medicare Fraud Scheme Results in Two Convictions - On January 30, 2023, a federal jury found two Florida physicians guilty for their involvement in a scheme to defraud Medicare of over $31 million. The two...more

Guilty Plea in $250 Million Federal Child Nutrition Fund Fraud Scheme

Guilty Plea in $250 Million Federal Child Nutrition Fund Fraud Scheme - A man from Brooklyn Park, Minneapolis, Minnesota, pled guilty for his involvement in a $250 million fraud scheme that exploited a federally-funded...more

Shoe on the Other Foot? Why International Shoe May No Longer Be the Litmus Test for General Jurisdiction (Part One)

In its upcoming October 2022 Term, the US Supreme Court is set to take up a challenge to how states are permitted to exercise jurisdiction over corporations. Mallory v. Norfolk Southern Railway Co., No. 21-1168, offers the...more

2021 Trade Secrets End of Year Report: Analysis of the Year’s Key Cases & Trends

In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more

Recent Case Developments Indicate Increased Judicial Scrutiny on China Initiative Prosecutions

In November 2018, then-Attorney General Jeff Sessions launched the Department of Justice’s (DOJ) China Initiative, to prevent, combat, and prosecute theft of intellectual property, technology, trade secrets, and other...more

Trade Secrets 2020: Analysis of the Year’s Key Cases & Trends

As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more

Federal Circuit Reaffirms Application of Categorical-Taking Analysis for Temporary Fifth Amendment Takings Claims in...

On May 29, 2020, the Federal Circuit issued its decision in Caquelin v. United States, reaffirming precedent governing the way courts evaluate the taking of private property in Rails-to-Trails litigation—specifically, that a...more

PPP Loan Forgiveness: SBA Issues More Guidance

Notable developments involving eligibility under the Paycheck Protection Program and the PPP’s loan forgiveness process have occurred in recent days. First, litigation has progressed in federal court over whether the interim...more

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