Federal law enforcement takes money laundering and other suspicious transactions extremely seriously. Unfortunately, this does not mean that legal scrutiny is confined to the criminal actors and organizations that launder...more
10/25/2022
/ Anti-Money Laundering ,
Bad Actors ,
Banking Sector ,
BSA/AML ,
Criminal Investigations ,
Criminal Prosecution ,
Enforcement Actions ,
Financial Crimes ,
Financial Institutions ,
Financial Services Industry ,
Money Laundering ,
Suspicious Activity Reports (SARs)
The U.S. Department of Justice’s (DOJ) Consumer Protection Branch works with other branches and federal law enforcement agencies to investigate and prosecute civil and criminal violations of the nation’s consumer protection...more
10/6/2022
/ Consumer Fraud ,
Consumer Protection Laws ,
Criminal Conspiracy ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Strategies ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Elder Abuse ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Guilty Pleas ,
Healthcare Fraud ,
Mail Fraud ,
Wire Fraud
Federal criminal cases can broadly be divided into four phases: (i) the government’s investigation, (ii) grand jury proceedings, (iii) pretrial practice, and (iv) trial. The empanelment of a grand jury is a critical juncture,...more
8/2/2022
/ Attorney-Client Privilege ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Strategies ,
Department of Justice (DOJ) ,
Grand Juries ,
Guilty Pleas ,
Indictments ,
Motion to Dismiss ,
Motions to Quash ,
Self-Incrimination ,
Subpoenas
Targeted Probe and Educate (TPE) audits have recently become a common tool used by both law enforcement and private insurers in the Medicare program. While they focus on educating Medicare providers about proper billing...more
6/21/2022
/ Billing ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Investigations ,
Health Care Providers ,
Healthcare Fraud ,
Medical Billing Codes ,
Medical Records ,
Medicare ,
Medicare Administrative Contractors (MAC) ,
Medicare Appeals ,
Medicare Fraud ,
Penalties ,
Physicians ,
Targeted Probe and Education (TPE) audit
The Internal Revenue Service’s Criminal Investigation Division (IRS CI) is targeting tax preparers or the ones who prepare tax returns in 2022. IRS CI is focusing its efforts on tax preparers who underreport their clients’...more
6/1/2022
/ Criminal Investigations ,
Criminal Liability ,
Defense Strategies ,
Department of Justice (DOJ) ,
Income Taxes ,
Indictments ,
Internal Revenue Code (IRC) ,
Interviews ,
IRS ,
Tax Crimes ,
Tax Fraud ,
Tax Liability ,
Tax Preparers ,
Tax Returns
Over recent years, the federal government has shown an increased interest in bringing healthcare fraud prosecutions. In fact, in 2020 alone, the federal government opened 1,148 new criminal healthcare fraud investigations,...more
FDA Warning letters can be harbinger of formal civil and criminal investigations. If your business receives such a notice of non-compliance from the FDA, you should immediately contact an experienced FDA defense attorney....more
3/2/2022
/ Attorney-Client Privilege ,
Corrective Actions ,
Criminal Investigations ,
Deadlines ,
Defense Strategies ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Internal Investigations ,
Manufacturer Liability ,
Manufacturers ,
Risk Assessment
21 U.S.C. § 331: Selling Counterfeit Drugs -
Under Section 331, it is illegal to sell counterfeit drugs in interstate commerce. Because this includes online sales, the “interstate commerce” element is very easy to...more
2/22/2022
/ Controlled Substances ,
Counterfeiting ,
Criminal Defense ,
Criminal Investigations ,
Criminal Liability ,
Criminal Penalties ,
Criminal Prosecution ,
DEA ,
Defense Strategies ,
Department of Justice (DOJ) ,
Drug Trafficking ,
False Statements ,
Food and Drug Administration (FDA) ,
Fraud ,
Interstate Commerce ,
Misleading Statements ,
Prescription Drugs
The Controlled Substances Act (“CSA”) -
The CSA (21 U.S.C. 801 et seq.) imposes a framework that regulates different categories of certain drugs that pose dependency and abuse risks to the public. The CSA applies only to...more
Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more
9/28/2021
/ Admissible Evidence ,
Asset Seizure ,
Criminal Investigations ,
Criminal Prosecution ,
DEA ,
Defense Strategies ,
Electronically Stored Information ,
Evidence ,
FBI ,
Federal Prosecutors ,
Government Investigations ,
Immigration and Customs Enforcement (ICE) ,
Indictments ,
Law Enforcement ,
Obstruction of Justice ,
Risk Mitigation ,
Search & Seizure ,
Search Warrant ,
Subpoenas
Receiving a federal grand jury subpoena is a serious matter. Whether you are the target of a federal investigation or prosecutors believe you have information they can use to pursue charges against another person or company,...more
9/21/2021
/ Criminal Investigations ,
Criminal Prosecution ,
Defense Strategies ,
Document Review ,
Evidence ,
Government Investigations ,
Grand Juries ,
Litigation Hold ,
Motions to Quash ,
Noncompliance ,
Subpoenas ,
Testimony ,
U.S. Attorney ,
Witness
In October 2020, the U.S. Department of Justice (DOJ) filed charges against eight individuals accused of operating “repatriation squads” in the United States on behalf of the People’s Republic of China (PRC). It announced...more
7/29/2021
/ China ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
FBI ,
Foreign Agents ,
Foreign Governments ,
Foreign Nationals ,
National Security ,
Popular ,
United Arab Emirates (UAE)
The U.S. Food and Drug Administration (FDA) is investigating companies that produce and sell poppy seeds due to growing concerns over contamination with a controlled substance. In doing so, it is collaborating with the Drug...more
6/24/2021
/ Controlled Substances ,
Criminal Conspiracy ,
Criminal Investigations ,
Criminal Prosecution ,
DEA ,
Defense Strategies ,
Drug Distribution ,
FBI ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Intent to Defraud ,
Opioid ,
Regulatory Oversight ,
Seeds ,
Wrongful Death
1. AML Laws -
Federal anti-money laundering (“AML”) laws are complex in nature and apply to a broad category of institutions and businesses. One of the most important AML laws is the Bank Secrecy Act, which obligates...more
5/18/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
Broker-Dealer ,
BSA/AML ,
Compliance ,
Criminal Investigations ,
Criminal Prosecution ,
Customer Identification Program (CIP) ,
Defense Strategies ,
Due Diligence ,
Financial Institutions ,
Policies and Procedures ,
Popular ,
Reporting Requirements ,
Suspicious Activity Reports (SARs)
As the nation’s chief domestic investigative agency, the Federal Bureau of Investigation (FBI) has substantial authority to collect information through a variety of different means. This includes utilizing subpoenas to compel...more
4/20/2021
/ Attorney-Client Privilege ,
Criminal Investigations ,
Criminal Prosecution ,
Deadlines ,
Defense Strategies ,
Evidence ,
FBI ,
Federal Prosecutors ,
Motions to Quash ,
Privileged Documents ,
Self-Incrimination ,
Subpoenas ,
Testimony
It is tax season once again. While the Internal Revenue Service (IRS) has extended this year’s filing deadline to May 17, 2021 for individuals, businesses must still file by April 15, and all U.S. taxpayers must ensure that...more
4/13/2021
/ Cannabis-Related Businesses (CRBs) ,
Conservation Easements ,
Coronavirus/COVID-19 ,
Corporate Fraud ,
Criminal Investigations ,
Criminal Prosecution ,
Cryptocurrency ,
Enforcement Priorities ,
Federal Taxes ,
Filing Deadlines ,
Foreign Financial Assets ,
Gambling ,
Healthcare Fraud ,
Income Taxes ,
Independent Contractors ,
Internal Revenue Code (IRC) ,
IRS ,
Marijuana Related Businesses ,
Offshore Funds ,
Paycheck Protection Program (PPP) ,
Self Employed ,
Small Business ,
Tax Audits ,
Tax Deductions ,
Tax Evasion ,
Tax Fraud ,
Tax Liability ,
Tax Planning ,
Tax Refunds ,
Tax Relief ,
Tax Returns ,
Underpayment ,
Virtual Currency
If you have received a federal indictment, you are facing a serious set of circumstances. Unless you are able to have your indictment dismissed, you will go to trial on federal charges, and you will be at risk for facing...more
3/17/2021
/ Affirmative Defenses ,
Burden of Proof ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Strategies ,
Dismissals ,
Evidence ,
Guilty Pleas ,
Indictments ,
Mistrial ,
Plea Agreements
What Is A Target Letter?
Federal investigations are complex, time-consuming, and often a cause of great anxiety for the individuals involved. The government has a variety of tools in its arsenal to gather preliminary...more
3/2/2021
/ Criminal Investigations ,
Criminal Prosecution ,
Defense Strategies ,
Department of Justice (DOJ) ,
Document Productions ,
Evidence ,
Government Entities ,
Government Investigations ,
Grand Juries ,
Subpoenas ,
Target Letters ,
Testimony ,
Witness
What Is the Federal Trade Commission (“FTC”)?
The Federal Trade Commission (“FTC”) is a federal agency that enforces consumer protection laws and competition regulation in the United States. Its dual mission is (1) to...more
1/27/2021
/ Civil Investigation Demand ,
Competition ,
Consumer Fraud ,
Consumer Protection Laws ,
Criminal Investigations ,
Defense Strategies ,
Document Productions ,
Enforcement Authority ,
Failure to Comply ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internal Investigations ,
Subpoenas ,
Testimony ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
Tips on Preparing to Defend Against Allegations of SBA Loan Fraud During the COVID-19 Crisis -
Federal emergency relief legislation—including the Coronavirus Aid, Recovery, and Economic Security Act (“CARES Act”)—has...more
8/28/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Criminal Conspiracy ,
Criminal Investigations ,
Defense Strategies ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
FBI ,
Fraud ,
Identity Theft ,
Indictments ,
IRS ,
Loans ,
Mail Fraud ,
Misrepresentation ,
Paycheck Protection Program (PPP) ,
Risk Assessment ,
Risk Mitigation ,
SBA ,
Small Business ,
Small Business Loans ,
Tax Evasion ,
Wire Fraud
Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more
7/29/2020
/ Balancing Test ,
China ,
China Initiative ,
Controlled Foreign Corporations ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Prosecution ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Discovery Disputes ,
Document Productions ,
Economic Espionage Act ,
Evidentiary Standards ,
Failure To Disclose ,
Federal Grants ,
Federal Rules of Criminal Procedure ,
Foreign Governments ,
Foreign Jurisdictions ,
Foreign Nationals ,
Foreign State Compulsion Doctrine ,
Hague Convention ,
Intellectual Property Protection ,
International Litigation ,
Medical Research ,
National Institute of Health (NIH) ,
National Security ,
Popular ,
Research and Development ,
Scientific Research ,
Theft ,
Trade Secrets ,
Trade Wars
- A tone-at-the-top business culture with CEO leadership is a critical component of effective anti-corruption and anti-bribery policy implementation.
- CEO leadership helps set an example for lower management and company...more
7/24/2020
/ Anti-Bribery ,
Anti-Corruption ,
CEOs ,
CFTC ,
Civil Monetary Penalty ,
Compliance ,
Corporate Counsel ,
Criminal Convictions ,
Criminal Investigations ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Due Diligence ,
Duty to Preserve ,
Employee Training ,
Ethics ,
Failure to Comply ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Audit Functions ,
Leadership ,
Meals-Gifts-and Entertainment Rules ,
Policies and Procedures ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Tone At The Top