White Collar Watch - July 2013

Saul Ewing LLP
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In This Issue:

- Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets

- Health Care False Statement Statute Serves as Backstop for Government In Nearly Failed Prosecution

- Governments are Increasing and Coordinating Enforcement of International Anti-Corruption Laws

- Excerpt from "Factors in Forfeiture"

- In a ruling applying conflicting precedents, the Eleventh Circuit identified factors courts should consider when determining whether certain accounts are subject to asset forfeiture. The dispute over the forfeiture of bank accounts tied to the former law firm of convicted Ponzi scheme operator Scott Rothstein is helping to clarify what factors courts may weigh in deciding which assets the government may seize in fraud cases. However, given that the recent decision from the U.S. Court of Appeals for the Eleventh Circuit relied on conflicting precedents, there remain no bright-line rules for asset forfeitures when third-party interests are involved.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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