Pamela L. Johnston

Pamela L. Johnston

Foley & Lardner LLP

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What to Expect From HHS-OIG's New Litigation Team

The Office of Inspector General at the U.S. Department of Health and Human Services (“HHS-OIG”) announced, on June 30, 2015 (during a health care conference), the creation of a new litigation team that will focus solely on...more

7/10/2015 - Civil Monetary Penalty Health Care Providers Healthcare Healthcare Fraud Healthcare Provider Corporations HHS Medicaid Medicare OIG

A Review of Recent Whistleblower Developments

• Fourth Circuit Applies Two-Year Statute of Limitations to SOX Whistleblower Claim and Confirms Availability of Emotional Distress Damages • SDNY Holds That SOX Protects Employee From Retaliation for Activity Engaged...more

4/2/2015 - Corporate Officers Dodd-Frank Retaliation Sarbanes-Oxley SEC Statute of Limitations Whistleblower Awards Whistleblowers

Roadmap to Prison: Lessons Learned from the Criminal Prosecution of Alpha Ambulance’s Leaders

No one running an ambulance company ever planned to go to prison for doing his or her job. But that is a real possibility if the government knocks on the door, and the owner or manager is dishonest in his or her response to...more

2/24/2015 - Ambulance Providers Audits CMS False Statements FBI Federal Contractors Fraud Healthcare Fraud HHS Medicare Medicare Fraud Strike Force OIG Spoliation

A Review of Recent Whistleblower Developments

SEC Whistleblower Office 2014 Annual Report Details Rising Number of Tips and Increasing Awards - On November 17, 2014, the U.S. Securities and Exchange Commission (SEC) Whistleblower Office issued its Fiscal Year 2014...more

1/7/2015 - Annual Reports Dodd-Frank Halliburton Orion Energy Popular Sarbanes-Oxley SEC Siemens TD Ameritrade Whistleblower Awards Whistleblowers

Alstom’s FCPA Guilty Plea and Fine of $772 Million Offer Compelling Lessons

The December 23, 2014, announcement by the U.S. Department of Justice (DOJ) that Alstom, S.A., a French power and transportation company, pled guilty to two Foreign Corrupt Practices Act (FCPA) charges and agreed to pay $772...more

12/30/2014 - Accounting Controls Alstom Bribery C-Suite Executives Corporate Counsel Corporate Criminal Fines Criminal Prosecution Deferred Prosecution Agreements DOJ Enforcement Actions FCPA Indictments Subsidiaries

Knowledge of Benefit Required to Convict Insider Trading Tippees

In its important ruling on what the government must prove in a criminal insider trading prosecution, the Second Circuit reversed the convictions of two portfolio managers — throwing out their cases completely, with no new...more

12/15/2014 - Dell Hedge Funds Illegal Tipping Insider Trading Material Nonpublic Information Nvidia Personal Benefit Portfolio Managers Rule 10b-5 Securities Securities Fraud US v Newman

A Review of Recent Whistleblower Developments

On July 31, 2014, the SEC awarded $400,000 to a whistleblower who had reported internally before providing information to the SEC. The award was unique because the SEC’s Claims Review Staff had denied the whistleblower’s...more

10/3/2014 - Compliance Dodd-Frank Enforcement Enforcement Actions Retaliation Sarbanes-Oxley SEC Whistleblower Awards Whistleblower Protection Policies Whistleblowers

SEC's Enforcement Action Against Hedge Fund Adviser for Retaliation Against a Whistleblower Highlights Challenges Employers Face

After repeated warnings over the last few years that it had both the authority and willingness to do so, on June 16, 2014, the SEC brought its first enforcement action for retaliation against a whistleblower under the...more

6/18/2014 - Compliance Dodd-Frank Enforcement Enforcement Actions Hedge Funds Popular Retaliation SEC Whistleblowers

A Review of Recent Whistleblower Developments

In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for...more

4/2/2014 - FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Whistleblower Protection Policies Whistleblowers

Diebold Resolves FCPA Charges for $48 Million

On October 22, 2013, the U.S. Department of Justice (“DOJ”) and the Securities & Exchange Commission (“SEC”) announced their agreements with Diebold Inc. (“Diebold”) regarding probes into alleged bribery of foreign bank...more

10/28/2013 - Compliance DOJ Enforcement Actions SEC Settlement

U.S. Supreme Court: Silence Admissible

When faced with questions from a government investigator, a person’s silence can now be used in a criminal trial against the person who was questioned and declined to provide an answer....more

7/22/2013 - Admissibility Criminal Prosecution Evidence Jury Trial SCOTUS

Appeals Court Restricts Dodd-Frank Whistleblower Protections

In the first opinion on the subject by an appellate court, the U.S. Court of Appeals for the Fifth Circuit ruled in Asadi v. G.E. Energy (USA), LLC, No. 12-20522 (5th Cir. July 17, 2013), that Dodd-Frank’s protections against...more

7/19/2013 - Dodd-Frank Retaliation SEC Whistleblower Protection Policies Whistleblowers

Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be...more

11/21/2012 - Compliance DOJ FCPA FCPA Resource Guide SEC

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