Eric W. Sitarchuk

Eric W. Sitarchuk

Morgan Lewis

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ISO 37001: A New Measuring Stick for Corporate Compliance Programs

The International Organization for Standardization is developing a certifiable international standard for “anti-bribery management systems” that could influence how the US Department of Justice, US Securities and Exchange...more

5/24/2016 - Anti-Bribery Anti-Corruption Compliance FCPA Federal Prosecutors International Organization for Standardization SEC

Mandatory FCA Per Claim Penalties Dramatically Increased from $11,000 to $21,563

The penalties are potentially astronomical for entities with FCA exposure. In addition to treble damages, the False Claims Act (FCA) provides for mandatory penalties for each false claim submitted “of not less than...more

5/5/2016 - Civil Monetary Penalty Corporate Counsel Eighth Amendment Excessive Fines Clause False Claims Act (FCA) Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

US Supreme Court Hears Oral Argument on Viability of FCA’s Implied Certification Theory

In qui tam case, Supreme Court oral argument addresses practical implications of limiting the scope of the implied certification theory of liability under the FCA....more

4/20/2016 - Certiorari False Claims Act (FCA) False Implied Certification Theory Medicaid Qui Tam SCOTUS Universal Health Services Inc v United States ex rel Escobar

DOJ Issues New FCPA Guidance and Launches Self-Reporting Pilot Program

The US Department of Justice has announced the creation of a one-year pilot program intended to encourage companies to self-report bribery violations and provide extensive cooperation in exchange for reduced penalties,...more

4/6/2016 - Cooperation DOJ FCPA Self-Reporting Strategic Enforcement Plan

Second Circuit Overturns Fraud Convictions in United States v. Litvak

The Second Circuit found no proof of material misrepresentations as to some charges, and held that expert testimony was improperly excluded as to others. On December 8, the US Court of Appeals for the Second Circuit...more

12/10/2015 - Convictions Expert Testimony Material Misrepresentation Remand Securities Fraud Vacated

US Supreme Court to Decide Fate of FCA’s Implied Certification Theory

Supreme Court grants certiorari in qui tam case to consider viability and scope of the “implied certification” theory of liability under the False Claims Act. On December 4, the US Supreme Court granted certiorari in...more

12/10/2015 - Certiorari False Claims Act (FCA) Federal Contractors Implied Certification Qui Tam Split of Authority

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 FDA FDA Approval FDCA First Amendment Medical Devices Misbranding Off-Label Promotion Pharmaceutical Industry 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 (FCA) Health Care Providers Healthcare 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 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 (FCA) 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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