Stephen Spivack

Stephen Spivack

Bradley Arant Boult Cummings LLP

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Alstom Guilty Plea Sends Strong Message that DOJ Has Harsh View of Inadequate Internal Controls and Failure to Fully Cooperate

On December 22, 2014, French power and transportation company Alstom S.A. (“Alstom”) pleaded guilty to violating the Foreign Corrupt Practices Act (“FCPA”) and agreed to pay $772.29 million, the largest criminal fine ever...more

1/20/2015 - Alstom Books & Records Bribery C-Suite Executives China Deferred Prosecution Agreements DOJ Energy Sector Enforcement Actions FCPA Foreign Official Foreign Subsidiaries Indictments Internal Controls Popular Subsidiaries

False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014...more

1/19/2015 - Bank of America Banking Sector Banks BNP Paribas DOJ Enforcement Actions False Claims Act Federal Contractors Health Care Providers Janssen Pharmaceuticals JPMorgan Chase Kellogg Brown & Root Qui Tam Settlement Agreements SunTrust US Bank Wartime Suspension of Limitations Act Whistleblower Awards Whistleblowers

The SEC Whistleblower Program

On Oct. 1, 2013, the Securities and Exchange Commission (SEC) announced that it had awarded more than $14 million to an unidentified whistleblower who provided information leading to a successful enforcement action — by far...more

3/31/2014 - Anti-Retaliation Provisions Compliance DOL Employer Liability Issues Enforcement Actions FCPA Sarbanes-Oxley SEC Statute of Limitations Whistleblower Awards Whistleblowers

Department of Justice Cites Poor Compliance Program and Lack of Cooperation in Extracting Significant FCPA Penalties in Marubeni...

The importance of a company’s response to a Department of Justice (“DOJ”) investigation into possible violations of the Foreign Corrupt Practices Act (“FCPA”) was highlighted last week when Marubeni Corporation (“Marubeni”)...more

3/25/2014 - Compliance DOJ Enforcement Actions FCPA Penalties

Fourth Circuit Clarifies When a Regulatory Violation May Lead to a False Claims Act Violation

The U.S. Fourth Circuit Court of Appeals’ recent decision in United States ex rel. Rostholder v. Omnicare, Inc., reconfirms the well-founded principle that a civil False Claims Act (FCA) claim that is based on the defendant’s...more

3/18/2014 - False Claims Act Healthcare Omnicare Pharmaceutical

The Foreign Corrupt Practices Act—A Look Back at 2012 and 2013

Over the last two years, enforcement of the Foreign Corrupt Practices Act (“FCPA”) has remained a priority of the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”). That emphasis is likely to...more

1/14/2014 - Anti-Corruption Compliance Corruption DOJ Enforcement Enforcement Actions FCPA Fraud SEC

Rakoff Decision Supports Feds’ Broad Application of FIRREA

On August 16, 2013, Judge Jed S. Rakoff of the Southern District of New York issued a ruling in in United States v. Countrywide Financial Corp., No. 12 Civ. 1422, that will likely be relevant to any financial institution...more

8/28/2013 - False Claims Act Fannie Mae FIRREA Freddie Mac Loans Mortgages

Fifth Circuit’s Ruling on Anti-Kickback Act May Generate More Lawsuits against Federal Contractors

In United States v. Kellogg Brown & Root, Inc., No. 12-40447 (5th Cir. July 19, 2013) (“KBR”), the U.S. Court of Appeals for the Fifth Circuit decided questions of first impression concerning the federal Anti-Kickback Act...more

7/29/2013 - Anti-Kickback Statute Contractors False Claims Act Qui Tam Reporting Requirements Subcontractors Vicarious Liability

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