Eric W. Sitarchuk

Eric W. Sitarchuk

Morgan Lewis

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US Department Of Justice Targets Corporate Individuals

DOJ announces tough new approach to the investigation and prosecution of corporate officers and employees. On September 9, in a major change to its approach to the investigation of alleged corporate crime, the US...more

9/15/2015 - Cooperation Corporate Officers Corporate Veil Deferred Prosecution Agreements DOJ Enforcement Guidance Government Investigations Individual Accountability Internal Investigations Investigations Law Enforcement Non-Prosecution Agreements Personal Liability Professional Misconduct Voluntary Disclosure White Collar Crimes

No FCPA Accomplice Liability for Non-resident Foreign Nationals if No Agency

Court rules that the US Department of Justice cannot expand the FCPA’s reach simply by charging non-resident foreign nationals with conspiracy....more

8/19/2015 - Agency Relationship Aiding and Abetting Civil Conspiracy Criminal Conspiracy DOJ FCPA Foreign Nationals Indictments Motion to Dismiss Non-Resident Aliens

Practical Implications from Amarin

Amarin is an important US district court opinion affirming the importance of the Second Circuit’s Caronia decision and finding that pharmaceutical and medical device companies have a constitutionally protected right to...more

8/11/2015 - Amarin Caronia Device Manufacturers Drug Manufacturers FDA FDA Approval FDCA First Amendment Misbranding Off-Label Promotion Pharmaceutical Manufacturers Physicians Preliminary Injunctions Prescription Drugs

First Court Opinion on When an Overpayment is “Identified” for Purposes of the 60-Day Repayment Law

The court’s interpretation complicates the already difficult task providers face in having sufficient time to assess and quantify potential overpayments. An August 3 decision in United States v. Continuum Health Partners...more

8/6/2015 - Affordable Care Act CMS DOJ False Claims Act Healthcare Healthcare Providers Hospitals Medicaid Medicare Overpayment Qui Tam Relators

DOJ Quietly Revises FCPA Resource Guide

Revisions bring DOJ and SEC guidance in line with FCPA statutory language. In June, the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) quietly revised its manual, A Resource Guide to the U.S....more

8/6/2015 - Accounting Standards Compliance Criminal Penalties DOJ Enforcement FCPA FCPA Resource Guide Good Faith Internal Controls Issuers Joint Venture SEC Transparency

Felony Conviction Bars Whistleblower from Pursuing Qui Tam Case

A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability. On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from...more

7/21/2015 - Convictions Criminal Investigations DOE False Claims Act First Impression Fraud Motion to Dismiss Qui Tam Relators Whistleblowers

Federal Appeals Court Defines “Instrumentality” Under FCPA

Federal appeals court provides a two-step “control” and “function” analysis for determining whether an entity qualifies as an “instrumentality” under the Foreign Corrupt Practices Act. On May 16, the U.S. Court of...more

5/21/2014 - Appeals Controlled Foreign Corporations DOJ FCPA Foreign Official Instrumentality SEC Terra Telecommunications

Canadian Government Announces Proposed Amendments to Anticorruption Law

Amendments aim to improve enforcement of Canadian foreign corruption law by expanding jurisdiction, creating a books and records offense, eliminating the facilitation payments exception, redefining "business" and enforcement...more

2/11/2013 - Anti-Corruption Books & Records Bribery CFPOA Corruption Facilitation Payments Griffiths Energy International Jurisdiction

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