On June 1, 2023, the U.S. Supreme Court released a unanimous decision in U.S. ex rel. Schutte v. SuperValu Inc., No. 21-1326; U.S. ex rel. Proctor v. Safeway, Inc., No. 22-111, clarifying the False Claims Act’s scienter...more
The Supreme Court will provide clarification on the False Claims Act’s scienter standard – namely, the role that a defendant’s subjective intent plays in the face of ambiguous regulatory guidance.
During oral argument on...more
A recent decision by the United States Court of Appeals for the Second Circuit resolved several issues under the Foreign Corrupt Practices Act (“FCPA”) in a manner favorable to prosecutors. In United States v. Ng Lap...more
8/27/2019
/ Appeals ,
Bribery ,
China ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Intent ,
Public Officials ,
United Nations ,
White Collar Crimes
Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017,...more