Private equity investment in health care has grown significantly over the past two decades, and the US government is starting to pay attention. Recent announcements by the US Department of Justice (DOJ) and proposals by...more
8/1/2024
/ Anti-Kickback Statute ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
Investors ,
Private Equity ,
Private Equity Firms ,
Regulatory Oversight ,
White Collar Crimes
On 7 March 2024, the US Department of Justice (DOJ) announced that it is launching a new whistleblower pilot program designed to reward individuals who report acts of significant corporate misconduct or financial wrongdoing...more
INTRODUCTION - On 22 December 2023, President Biden signed into law the National Defense Authorization Act (NDAA), the annual defense spending bill for 2024. Buried hundreds of pages into the NDAA is the new Foreign Extortion...more
On 4 October 2023, Deputy Attorney General (DAG) Lisa Monaco announced a new US Department of Justice (DOJ) Safe Harbor Policy for voluntary self-disclosure made in connection with mergers and acquisitions (M&A)....more
INTRODUCTION - On 24 January 2023, the Board of Governors of the Federal Reserve System (the FRB) announced it entered into a consent order (Consent Order) with a member bank imposing an approximately US$2.3 million civil...more
I. INTRODUCTION - On 8 June 2021, the Senate passed an expansive bipartisan bill aimed at enhancing the country’s scientific research and development capabilities. In response to emerging technological competition from...more
In this second episode of our series on the government's response to the Paycheck Protection Program, white collar practitioners Chris Nasson, David Rybicki, Neil Smith, and Hayley Trahan-Liptak discuss the second phase of...more
In this first episode of our series on the government's response to the Paycheck Protection Program, white collar practitioners Chris Nasson, David Rybicki, Neil Smith, and Hayley Trahan-Liptak provide an overview of the...more
2/23/2021
/ Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Enforcement ,
Lenders ,
Loan Applications ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
SBA ,
Small Business ,
Small Business Loans
The long-anticipated wave of civil enforcement actions involving participants in the Paycheck Protection Program (PPP) has begun. On 12 January 2021, the U.S. Department of Justice (DOJ) announced the first civil settlement...more
Four months after the expiration of the $659 billion forgivable loan relief program established by the CARES Act, the federal government has disbursed approximately 5.2 million Paycheck Protection Program (PPP) loans....more
Lavish “speaker programs” sponsored by pharmaceutical and medical-device companies may soon be a thing of the past—and not just because of the COVID-19 pandemic. In a 16 November 2020 Special Fraud Alert (Alert) issued by the...more
In this episode of Voluntary Disclosure, Chris Nasson and David Peet trace the history of the DOJ’s China Initiative at U.S. academic research institutions, and explain why researchers and institutional leadership find...more
As the nation’s storefronts reopen and businesses attempt to return to normalcy, the U.S. Securities and Exchange Commission (SEC) is gearing up to respond to fraud and securities violations relating to the COVID-19 pandemic....more
This week, the Department of Justice (“DOJ”) announced criminal charges against two more decorated researchers from American universities as a result of their allegedly undisclosed participation in Chinese recruitment...more
While uncertainty has been the overarching theme of the global COVID-19 pandemic, one thing is beyond doubt: the Coronavirus Aid, Relief, and Economic Security (CARES) Act’s distribution of more than $2 trillion in stimulus...more
I. INTRODUCTION - As discussed in recent alerts, federal and state authorities have focused their enforcement efforts on combatting fraud related to the COVID-19 pandemic....more
While uncertainty has been the overarching theme of the global COVID-19 pandemic, one thing is beyond doubt: the Coronavirus Aid, Relief, and Economic Security (CARES) Act’s distribution of more than $2 trillion in stimulus...more
Late last month, yet another decorated academic from a prestigious American research institution found himself in the crosshairs of a criminal inquiry stemming from alleged undisclosed affiliations with Chinese institutions....more
Just one month into the new year, Russian courts have already handed down three new criminal judgments for violations of anti-competition laws, a stark contrast to previous years that often passed without a single conviction...more
AGENDA -
- Liquidity Rule Implementation
- ETFs: Final Rule Update and Active NonTransparent ETF Developments
- Fund of Funds Rule Proposal
- Board Outreach and Fund Governance Update
- SEC Examination Update,...more
In August 2019, federal prosecutors indicted Feng Tao, a Chinese scientist conducting research at the University of Kansas (“KU”), on fraud charges. The indictment of a Chinese national by federal prosecutors and the...more
INTRODUCTION -
A wave of recent indictments unsealed against opioid distributors and their executives signifies that the U.S. Department of Justice (“DOJ”) has embarked on a criminal crackdown after years of civil...more
9/6/2019
/ Criminal Investigations ,
Criminal Penalties ,
DEA ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Health Care Providers ,
Opioid ,
Pharmaceutical Industry ,
Pharmacies ,
Physicians ,
Prescription Drugs ,
Public Health
On Wednesday, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) became the latest government agency to formally set its sights on foreign corruption. ...more
Served with a Subpoena?
When a company receives a subpoena or otherwise learns it is a witness, subject or target of a government investigation, its initial response typically involves contacting outside counsel...more
On May 29, 2018, the U.S. Supreme Court decided Lagos v. United States and held that legal fees and other costs associated with a victim company’s independent investigation of misconduct ultimately resulting in criminal...more
6/18/2018
/ Corporate Counsel ,
Crime Victims ,
Criminal Prosecution ,
Government Investigations ,
Internal Investigations ,
Lagos v United States ,
Litigation Fees & Costs ,
Mandatory Victim's Restitution Act ,
Restitution ,
SCOTUS ,
Wire Fraud