Marissel Descalzo

Marissel Descalzo

Carlton Fields Jorden Burt

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Latest Publications


New Department of Justice Memo to Increase Prosecutions of White Collar Executives and Other Employees

New policy changes implemented by the Department of Justice have potentially significant implications for companies and individuals facing DOJ investigations. The new policy may create additional obstacles for companies...more

9/15/2015 - C-Suite Executives Corporate Governance Criminal Investigations DOJ Investigations White Collar Crimes Willful Misconduct

Closing Gaps? FinCEN Proposes Anti-Money Laundering Rule for Investment Advisers

After more than a decade of delay, the Financial Crimes Enforcement Network (FinCEN) of the Department of Treasury issued a notice of proposed rulemaking that would require registered investment advisers to establish...more

9/3/2015 - Anti-Money Laundering Banking Sector Banks BSA/AML Compliance Currency Transaction Reports (CTR) Federal Register Financial Institutions FinCEN Investment Adviser Money Laundering Patriot Act SEC U.S. Treasury White Collar Crimes

A New Era of HIPAA Enforcement

Traditionally, HIPAA enforcement is assigned to the Department of Health and Human Services’ Office for Civil Rights (OCR). In November 2013, Health and Human Services’ Office of Inspector General sharply criticized OCR’s...more

6/23/2015 - Corporate Fines Data Protection Enforcement Enforcement Actions Health Care Providers Healthcare HHS HIPAA Hospitals OCR PHI

The Ethics of Internal Investigations, Domestic and Abroad: Protecting the Attorney Client Privilege during Internal...

The attorney-client privilege and the work product doctrine are two of the oldest and most sacrosanct privileges in the law. The attorney-client privilege protects the functioning of the attorney and client...more

6/11/2015 - Attorney-Client Privilege Barko v Halliburton Corporate Counsel Discovery Ethics Fraud Government Contractors Internal Investigations KBR (formerly Kellogg Brown & Root) Work-Product Doctrine

Healthcare Fraud Initiatives in 2015

In order to predict what 2015 will look like in the war against health care fraud, it is necessary to quickly review what happened in 2014. In 2014, the government’s health care fraud prevention and enforcement efforts...more

5/19/2015 - DOJ False Claims Act (FCA) Healthcare Healthcare Fraud HEAT HIPAA Medicaid Medicare Fraud Strike Force OCR OIG Pharmacies Qui Tam Secretary of HHS

Food for Thought: Jail Sentences Send Strong Message to Food Industry

On Monday, U.S. District Court Judge Mark Bennett in Sioux City, Iowa, sentenced Austin (Jack) DeCoster and his son Peter to three months in jail for their role in selling contaminated food across state lines. Their company,...more

4/16/2015 - Corporate Fines Criminal Prosecution Food Contamination Food Manufacturers Interstate Commerce Salmonella

New York's Banking Regulator Proposes Tougher Anti-Money Laundering and Cybersecurity Enforcement Rules

The New York Department of Financial Services (DFS) supervises all New York State chartered banks, most U.S.-based branches and agencies of foreign banking institutions, and all insurance companies in New York. The DFS also...more

3/24/2015 - Banking Sector NYDFS Popular Regulatory Agenda

SEC Takes Action for Retaliation Against Whistleblower

The SEC has brought its first enforcement action for alleged retaliation against a whistleblower under the SEC’s Dodd-Frank whistleblower rules. The case demonstrates the Hobson’s choice companies face when they become aware...more

9/30/2014 - Dodd-Frank Retaliation SEC Whistleblowers

Employers Fight Back Against Whistleblowers

In 2013, the federal government recovered $3.8 billion from settlements and judgments under the False Claims Act (FCA). Whistleblowers—also called “relators”—can recover up to 30 percent of whatever a defendant pays in a...more

7/3/2014 - Counterclaims Employer Liability Issues False Claims Act (FCA) Money Judgment Qui Tam Settlement Whistleblower Awards Whistleblowers

A Victory For Crime Victims In Eleventh Circuit

In a decision that will surely have implications for criminal defendants and victims of crimes, on April 18, 2014, the Eleventh Circuit ordered federal authorities to disclose correspondence that took place between Palm Beach...more

5/19/2014 - Crime Victims Criminal Prosecution Human Trafficking Plea Agreements Sex Trafficking

Crime Victims Win Victory In The Eleventh Circuit

In a decision that will surely have implications for criminal defendants and victims’ of crimes, on Friday, April 18, 2014, the Eleventh Circuit ordered federal authorities to disclose correspondence that took place between...more

5/14/2014 - Crime Victims Criminal Prosecution

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

3/19/2014 - Due Process Fifth Amendment Frozen Assets Kaley v. United States Probable Cause Right To Counsel SCOTUS Search & Seizure Sixth Amendment

Ten Steps To Help Insurers Preserve Their Right To Restitution Under Federal Victims’ Rights Statutes

The Crime Victims’ Rights Act and the Mandatory Victims’ Restitution Act provide a wide range of circumstances under which those convicted of federal economic crimes must pay court ordered restitution to their victims. Unlike...more

11/1/2013 - Crime Victims Insurance Industry Restitution

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