A recent Ninth Circuit opinion instills the importance of raising an often overlooked defense in federal fraud cases: that the defendant’s misrepresentation did not affect the “nature of the bargain.” In United States v....more
On December 14, 2023, with bipartisan support, Congress passed the Foreign Extortion Prevention Act (“FEPA”), making it a federal crime for any foreign government official to demand, receive, or agree to receive a bribe from...more
Written by Paul Desmond in the key of E-flat minor and performed by the Dave Brubeck Quartet using a funky quintuple (5/4) time, “Take Five” is and was the biggest selling jazz single of all time. But it is also slang for...more
After conducting a thorough and privileged internal investigation, it becomes evident that your Company has overcharged the government over $50 million, and that the fraud was directed by a high-level manager. What do you do...more
On February 22, 2023, the U.S. Department of Justice (DOJ) announced a new nation-wide policy to incentivize companies to self-report criminal activity. Among the cited benefits of self-reporting are discounts on fines and...more
On Wednesday, two businessmen were convicted of a single count of conspiracy to commit bank fraud (18 U.S.C. § 1349) for orchestrating a scheme to disguise cannabis-related financial transactions as transactions unrelated to...more
On January 2, 2021 the National Defense Authorization Act (“NDAA”) became law. Importantly, the NDAA included sweeping legislative reforms to anti-money laundering (“AML”) laws, which are now codified in the Anti-Money...more
The trial of two men associated with an online cannabis marketplace began last week in the Southern District of New York. Prosecutors seek to prove that Hamid Akhavan and Ruben Weigand, two businessmen who worked with the...more
On Monday, the Supreme Court placed significant limits on the Securities and Exchange Commission’s (“SEC”) ability to seek disgorgement, a powerful tool that often was used more like a penalty than an equitable remedy. The...more
6/25/2020
/ 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)
With the Department of Justice’s (DOJ) decision to drop charges against Michael Flynn, materiality has come to the forefront of popular legal discourse. At the same time, prosecutors and whistleblowers will carefully...more
The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided trillions in economic relief in response to the COVID-19 pandemic, including hundreds of billions of dollars in aid for the healthcare industry....more
6/3/2020
/ Audits ,
Borrowers ,
Business Records ,
CARES Act ,
Certification Requirements ,
Compliance Manuals ,
Coronavirus/COVID-19 ,
Enforcement ,
False Claims Act (FCA) ,
Federal Loans ,
Fraud ,
Health Care Providers ,
Healthcare Facilities ,
Investigations ,
Liability ,
Whistleblowers
With $3 trillion of stimulus money already disbursed and $3 trillion more scheduled to be distributed to the American people in the near future, we’re taking a look at the type of oversight provisions included in the CARES...more
5/29/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Loans ,
Financial Stimulus ,
Fraud ,
Insider Trading ,
Regulatory Oversight ,
Relief Measures ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
As companies continue to grow and expand across the world, the need to remain vigilant about protecting and defending against business crimes such as trade secret theft and human trafficking becomes increasingly important....more
The C-Suite rarely wants to consider, much less worry about, the impacts of criminal conduct on their business. The reality is, however, companies can and do get pulled into criminal and quasi-criminal enforcement actions as...more
The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government. One of these, the...more
In February 2013, we reported (on our Healthcare Law Blog) that the Centers for Medicare and Medicaid Services (CMS) announced the final rule for the Physician Payments Sunshine Act. In the interest of providing more...more
6/5/2014
/ Centers for Medicare & Medicaid Services (CMS) ,
Final Rules ,
Healthcare ,
Medicaid ,
Medical Devices ,
Medicare ,
Pharmaceutical Industry ,
Physician Payments ,
Physicians ,
Reporting Requirements ,
Sunshine Act ,
Transparency
Healthcare joint ventures are nothing new. Since the mid-2000’s, physician-hospital ventures have been resurgent, notwithstanding the Office of Inspector General’s skepticism regarding the risk of fraud and abuse when...more
On March 10, 2014, just days before trial, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) entered into an $85 million settlement with the U.S. Department of Justice resolving allegations...more
5/22/2014
/ Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Halifax Hospital ,
Healthcare ,
Incentives ,
Medicare ,
Physician Payments ,
Physicians ,
Qui Tam ,
Settlement ,
Stark Law