Christopher R. Hall

Christopher R. Hall

Saul Ewing LLP

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White Collar Watch - March 2014

In This Issue: - SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies - Fourth Circuit decision tolling False Claims Act statute...more

3/31/2014 - False Claims Act Fraud SEC Siemens Whistleblower Protection Policies Whistleblowers White Collar Crimes

White Collar Watch - February 2014

Contents - False Claims Act ruling opens door to large damage awards... pages 1 - 2 - Supreme Court asked if state universities are exempt from liability under the False Claims Act... pages 2 - 4 -...more

2/28/2014 - False Claims Act Healthcare Healthcare Fraud Hospice Medicare SCOTUS Universities Whistleblowers White Collar Crimes

White Collar Watch - January 2014

In This Issue: - SEC’s Dodd-Frank Whistleblower Program Report shows best practices make for an effective compliance and ethics program - In unprecedented move, government seeks to extend the responsible...more

1/28/2014 - Bid Rigging Compliance Dodd-Frank Ethics SEC Whistleblowers White Collar Crimes

The true cost of fines: Bills would address tax break for corporate fines

In Brief - Both the U.S. House and Senate are floating proposals to close a loophole that allows tax deductions when there is a question of whether a fine is punitive. - Debate centers on whether the deduction...more

12/3/2013 - Corporate Taxes Fines JPMorgan Chase Mortgage-Backed Securities Tax Exemptions

Justice Department sinks ex-Navy engineer’s 15-year kickback scheme

In Brief - Defendant’s sentence includes jail time, restitution of $18 million and a fine. - Case highlights importance of government contractors using compliance programs to identify wrongdoing and avoid...more

12/3/2013 - Anti-Kickback Statute DOJ Kickbacks Restitution U.S. Navy

White Collar Watch - November 2013

In This Issue: - The true cost of fines: Bills would address tax break for corporate fines - Senate approves new protection for criminal antitrust whistleblowers - Justice Department sinks ex-Navy...more

11/26/2013 - Antitrust Investigations Corporate Taxes DOJ Fines Kickbacks Whistleblowers White Collar Crimes

Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss class action...

In Brief - In a significant ruling on email privacy, the Northern District of California held that Google’s interception and scanning of user emails for the purpose of creating targeted advertisements and user profiles...more

10/25/2013 - Class Action Email Google Motion to Dismiss Privacy Laws Wiretapping

White Collar Watch - October 2013

In This Issue: - Small businesses beware: IRS deploys “big data” to scrutinize cash transactions - Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss...more

10/24/2013 - Big Data Google IRS Motion to Dismiss Predictive Coding Small Business White Collar Crimes Wiretapping

White Collar Watch - September 2013

Contents - FDIC filing more suits against officers and directors of failed financial institutions - Third Circuit upholds 12-year prison sentence for former BigLaw associate - Health care executives...more

10/1/2013 - Banks C-Suite Executives Criminal Prosecution Directors FDIC Financial Institution Liability Healthcare Healthcare Fraud Insider Trading JPMorgan Chase Medicare Officers SEC Securities Fraud Sentencing

“Love and Marriage” – New Jersey Supreme Court Poised to Determine Whether the Marital Privilege Can Defeat Wiretap Evidence

In Brief - Over the past four years, the government has broadened the use of wiretaps to include insider trading, and to great success (the recent convictions of Raj Rajaratnam and Rajat Gupta serve as examples of...more

8/28/2013 - Evidence Marital Communications Privilege Marriage Wiretapping

White Collar Watch - August 2013

Contents - SEC Changes Course: Some Companies Must Now Admit Wrongdoing - Fifth Circuit’s Recent Dodd-Frank Whistleblower Ruling May Benefit Employers - “Love and Marriage” – New Jersey Supreme Court...more

8/26/2013 - Compliance Dodd-Frank Evidence Marital Communications Privilege SEC Whistleblowers White Collar Crimes Wiretapping

White Collar Watch - July 2013

In This Issue: - Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets - Health Care False Statement Statute Serves as Backstop for Government In Nearly Failed Prosecution -...more

7/25/2013 - Anti-Corruption Compliance Enforcement False Statements Forfeiture Fraud Healthcare Ponzi Scheme White Collar Crimes

Increased cGMP Enforcement has Gone International: South Korean Action Against Johnson & Johnson Serves as Warning

In Brief - In both the United States and abroad, food and drug regulatory and enforcement agencies are increasing current Good Manufacturing Practices enforcement, including criminal sanctions....more

6/27/2013 - CGMP Johnson & Johnson Manufacturers Sanctions

White Collar Watch - June 2013

In This Issue: - Tools of the Trade: BP Case Shows Advantage of Pretrial Motions - Increased cGMP Enforcement has Gone International: South Korean Action Against Johnson & Johnson Serves as Warning - DoD...more

6/26/2013 - BP CGMP Contractors DOD Enforcement Investigations Johnson & Johnson Manufacturers Pretrial Motions Wage Withholding

State v. Brown Affords Managers in the Mortgage Processing Industry a Cautionary Tale

In Brief: - Significant jail time can result from overseeing and directing unauthorized robo-signing activities. - Victims of unauthorized robo-signing include residential mortgage servicers, in addition to...more

5/24/2013 - Attorney Generals Investigations Mortgages Robo-Signing

White Collar Watch - May 2013

In This Issue: - SEC Charges Municipal Bond Issuer with Securities Fraud for Misleading Statements on Issuer’s Website - State v. Brown Affords Managers in the Mortgage Processing Industry a Cautionary Tale -...more

5/24/2013

Second Highest Penalty in FCPA History Comes with a Caution from the Bench about the Limits of the Act’s Jurisdiction

In Brief - The Foreign Corrupt Practices Act covers a nearly boundless range of business conduct by issuers and their agents in an ever more global world. Yet the contrast in sentences handed down in two recent FCPA...more

5/24/2013 - Compliance DOJ FCPA Foreign Nationals Jurisdiction Minimum Contacts Penalties Sarbanes-Oxley SEC Siemens

Casting a Smaller Net: Seventh Circuit Requires "Net Trebling" Under FCA – Potentially Impacting Settlement Dynamics for all...

The Seventh Circuit recently ruled that under the False Claims Act (“FCA”) treble damages should be calculated by the net amount of loss suffered by the government (after appropriate setoffs or credits are deducted) rather...more

4/24/2013 - False Claims Act Misrepresentation Mortgages Net Trebling Settlement The Clayton Act Treble Damages

Doing Time: A Requirement for White Collar Crime?

A recent decision from the Eleventh Circuit indicates that deterring future white collar crime is a substantial factor in shaping appellate court rulings relating to appropriate sentences for fraud, particularly when a...more

4/24/2013 - Abuse of Discretion Federal Sentencing Guidelines Fraud Sentencing Venue White Collar Crimes

White Collar Watch - April 2013

In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:...more

4/23/2013 - CMS Continuing Medical Education Financial Conduct Authority Fraud GPOs Protected Activity Publicly-Traded Companies Sarbanes-Oxley Settlement Shareholders Sunshine Act Transparency Whistleblower Protection Policies Whistleblowers White Collar Crimes

Supreme Court Holds SEC to Five-Year Statute of Limitations for Civil Enforcement Actions; Decision May Extend to Other Federal...

The Supreme Court recently rebuffed an attempt by the U.S. Securities and Exchange Commission (“SEC”) to gain more time to file actions to enforce civil penalties by invoking the “discovery rule.” In the case of Gabelli vs....more

3/25/2013 - Discovery Rule Gabelli v SEC SCOTUS SEC Statute of Limitations

The D.C. Circuit Expands the Scope of Honest-Services Fraud and Illegal-Gratuities Prosecutions in Ring v. United States

The U.S. Court of Appeals for the D.C. Circuit in United States v. Ring recently upheld a conviction under the public sector “honest-services” fraud statute and the “illegal-gratuities” statute. Notably, the court: (1)...more

3/25/2013 - Compliance DOJ Honest Services Fraud Illegal Gratuities Jack Abramoff Lobbyists Ring v US

Court Upholds Executive’s Conviction Stemming from Off-Label Drug Promotion

The U.S. Court of Appeals for the Ninth Circuit has upheld the wire fraud and misbranding convictions and sentence of InterMune Inc. founder W. Scott Harkonen. United States v. Harkonen, No. 11-10209 (9th Cir. March 4, 2013)....more

3/25/2013 - Commercial Speech FDCA InterMune Labeling Marketing Misbranding Off-Label Promotion Pharmaceutical Wire Fraud

White Collar Watch - March 2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

3/22/2013 - Discovery DOJ Fifth Amendment Foreign Financial Accounts Honest Services Fraud Illegal Gratuities Motion to Compel Off-Label Promotion Records Exception SCOTUS SEC Statute of Limitations

White Collar Watch - February 2013

In This Issue: - New HIPAA “Megarule” Broadens Enforcement - Government Declines to Seek Rehearing of Landmark Off-Label Speech Decision - Seizure of Rothstein Ponzi Assets Highlights Tension Between...more

2/22/2013 - Forfeiture Statutes Free Speech HIPAA Market Recovery Mary Jo White Off-Label Use Petition For Rehearing Ponzi Scheme White Collar Crimes

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