In recently released updated guidance, the Antitrust Division (“Antitrust Division”) of the U.S. Department of Justice (“DOJ”) outlined how its prosecutors will assess corporate compliance programs when conducting criminal...more
11/27/2024
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Audits ,
Compliance ,
Corporate Culture ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Guidance Update ,
Internal Investigations ,
Internal Reporting ,
Remediation ,
Risk Assessment ,
Sentencing ,
Sentencing Factors ,
Training Requirements ,
White Collar Crimes
On September 23, 2024, the U.S. Department of Justice (“DOJ”) released updates to its Evaluation of Corporate Compliance Programs policy (the “Updated ECCP”), building upon the March 2023 updates. Since 2017, DOJ has offered...more
9/27/2024
/ Artificial Intelligence ,
Chief Compliance Officers ,
Compliance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement ,
Internal Controls ,
Policy Memorandums ,
Risk Assessment ,
Technology ,
Voluntary Disclosure ,
Whistleblower Protection Policies
Cybersecurity requirements for federal contractors and grantees continue to proliferate—and those requirements do not just come with contractual risk. Increasingly, the United States government is leveraging enforcement...more
9/5/2024
/ Compliance ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Security ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
Enforcement Actions ,
False Claims Act (FCA) ,
False Statements ,
Federal Contractors ,
Fraud ,
Self-Certification ,
Universities ,
Whistleblowers
The U.S. Department of Justice (DOJ) just launched the new corporate whistleblower awards pilot program that it previewed this past March. ...more
8/8/2024
/ CFTC ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
FinCEN ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
The federal government awards billions of dollars each year in sponsored research funding to institutions of higher education, academic research institutions, non-profit organizations, and companies—making federal grants an...more
5/30/2024
/ Accounting ,
Accounting Standards ,
Educational Institutions ,
False Claims Act (FCA) ,
False-Certification of Conformance ,
Federal Funding ,
Federal Grants ,
Federal Rules of Civil Procedure ,
Fraudulent Inducement ,
Materiality ,
National Institute of Health (NIH) ,
Pleading Standards ,
Research and Development ,
Sponsors ,
Whistleblowers
Americans spend more than $3 trillion per-year on healthcare-related expenses. Of that, the National Health Care Anti-Fraud Association estimates that between $60-250 billion is lost to fraud every year....more
5/8/2024
/ Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
Bribery ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fee-Sharing ,
Fiduciary Duty ,
Health Care Providers ,
Health Insurance ,
Healthcare Fraud ,
Indictments ,
Pharmacies ,
Prescription Drugs ,
Stark Law ,
Veterans Administration
On April 15, 2024, the U.S. Department of Justice (DOJ)’s Criminal Division announced a new pilot program that will allow and encourage individuals involved in specific types of corporate criminal conduct to voluntarily...more
Last week Deputy Attorney General Lisa Monaco announced that the U.S. Department of Justice (DOJ) will soon begin a pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct. The goal of...more
3/15/2024
/ CFTC ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement Priorities ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
On December 22, 2023, President Biden signed into law the landmark, bipartisan Foreign Extortion Prevention Act (the FEPA), as part of the National Defense Authorization Act. Closing a gap in U.S. anti-corruption laws, the...more
The United States Department of Justice (DOJ) recently announced a new department-wide Mergers & Acquisitions Safe Harbor Policy that protects acquiring companies that self-disclose criminal misconduct discovered at an...more
10/16/2023
/ Acquisitions ,
Antitrust Division ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Disgorgement ,
Due Diligence ,
Enforcement ,
Mergers ,
Policies and Procedures ,
Policy Statement ,
Remediation ,
Restitution ,
Safe Harbors ,
Voluntary Disclosure
According to the National Center for Science and Engineering Statistics (“NCSES”), a key driver in the scientific and technological accomplishments of U.S. research universities is the volume of federal support for research...more
9/7/2023
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
China ,
Colleges ,
Department of Defense (DOD) ,
Economic Sanctions ,
Educational Institutions ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Federal Funding ,
Foreign Entities ,
Foreign Policy ,
National Security ,
Popular ,
Research and Development ,
Russia ,
Scientific Research ,
SDN List ,
State-Owned Enterprises ,
Universities
The U.S. Department of Justice (“DOJ”) on May 16 announced criminal charges and arrests that highlight risks for companies from U.S. and non-U.S. networks and individuals that seek to unlawfully divert U.S. goods, services,...more
5/22/2023
/ Arms Export Control Act ,
China ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Sector ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
Economic Sanctions ,
Enforcement Priorities ,
Export Controls ,
Exports ,
FBI ,
Financial Services Industry ,
Intellectual Property Protection ,
Iran ,
Russia ,
Technology Sector ,
Theft
On April 5, the U.S. Treasury Department's Office of Foreign Assets Control (“OFAC”) in the U.S. Department of the Treasury named Genesis Market to OFAC’s Specially Designated Nationals List (“SDN List”). Genesis Market is...more
4/27/2023
/ Cryptocurrency ,
Cyber Crimes ,
Cyber Threats ,
Dark Web ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
FBI ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Online Platforms ,
Russia ,
SDN List ,
U.S. Treasury
On March 2, 2023, in remarks delivered at the American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced a new policy creating incentives for companies to adopt...more
3/6/2023
/ Clawbacks ,
Compliance ,
Cooperation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Electronic Communications ,
Executive Compensation ,
Export Controls ,
Federal Pilot Programs ,
Incentives ,
Monaco Memo ,
National Security ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes